WHEREAS all consumers
have the right to be safe from unfair business practices, the right to be
properly informed about products and transactions, and the right to reasonable
access to redress when they have been harmed;

WHEREAS businesses
thrive when a balanced marketplace is promoted and when consumers have
confidence that they will be treated fairly and ethically by members of an
industry;

WHEREAS businesses
that comply with legal rules should not be disadvantaged by competing against
those that do not; and

WHEREAS the Government
of Alberta is committed to protecting consumers and businesses from unfair
practices to support a prosperous and vibrant economy;

THEREFORE HER MAJESTY,
by and with the advice and consent of the Legislative Assembly of Alberta, enacts
as follows:

(b) “consumer”
means, subject to the regulations under subsection (2) and except in section
108.1(c), an individual who

(i) receives
or has the right to receive goods or services from a supplier as a result of a
purchase, lease, gift, contest or other arrangement, but does not include an
individual who intends to sell the goods after receiving them,

(ii) has
a legal obligation to compensate a supplier for goods that have been or are to
be supplied to another individual and the other individual does not intend to
sell the goods after receiving them, or

(iii) has
a legal obligation to compensate a supplier for services that have been or are
to be supplied to another individual;

(i) the
supply of goods or services by a supplier to a consumer as a result of a
purchase, lease, gift, contest or other arrangement, or

(ii) an
agreement between a supplier and a consumer, as a result of a purchase, lease,
gift, contest or other arrangement, in which the supplier is to supply goods or
services to the consumer or to another consumer specified in the agreement;

(c.1) “credit
agreement” means an agreement under which credit is extended and, without
limitation, includes

(i) a
loan of money,

(ii) a
credit sale, and

(iii) an
agreement under which a loan of money or a credit sale may occur in the future;

(d) “Director”
means the Director of Fair Trading appointed under section 173;

(e) “goods”,
except in Part 12, means, subject to the regulations under subsection (2),

(i) any
personal property that is used or ordinarily used primarily for personal,
family or household purposes,

(ii) a
voucher, or

(iii) a
new residential dwelling whether or not the dwelling is affixed to land;

(f) “inspector”
means an inspector appointed under section 173;

(g) “licence”
means a licence issued or renewed under this Act;

(h) “loan
broker” means a person who for compensation directly assists a person in
obtaining credit or a loan of money for business or personal use, including
credit or a loan made from the loan broker’s own funds;

(i) “Minister”
means the Minister determined under section 16 of the Government
Organization Act as the Minister responsible for this Act;

(i.1) “notice
of administrative penalty” means a notice given under section 158.1(1);

(i.2) “ongoing
consumer transaction” means a consumer transaction providing for the continuing
or periodic supply of goods or services, whether for a fixed or an indeterminate
period of time;

(i.3) “recorded
mail” means a form of document delivery by mail or courier in which receipt of
the document must be acknowledged in writing;

(j) “regulatory
board” means a regulatory board established under the regulations;

(k) “services”
means, subject to the regulations under subsection (2), any service offered or
provided primarily for personal, family or household purposes, including

(i) a
service offered or provided that involves the addition to or maintenance,
repair or alteration of goods or any residential dwelling,

(ii) a
membership in any club or organization if the club or organization is a
business formed to make a profit for its owners,

(iii) the
right to use property under a time share contract, and

(iv) any
credit agreement;

(l) “supplier”
means, subject to the regulations under subsection (2), a person who, in the
course of the person’s business,

(i) provides
goods or services to consumers,

(ii) manufactures,
assembles or produces goods,

(iii) promotes
the use or purchase of goods or services, or

(iv) receives
or is entitled to receive money or other consideration as a result of the
provision of goods or services to consumers,

and
includes any salesperson, employee, representative or agent of the person;

(m) “time
share contract” means a contract in which an individual acquires the right to
use, occupy or possess real or personal property, whether or not it is located
in Alberta,

(i) for
a period of time of less than one year during an interval specified in the
contract, and

(ii) as
part of a plan that provides for the use of the property to circulate among
persons participating in the plan;

(n) “voucher”
means any document that purports to give the holder of the document the right
to obtain goods or a service or the right to obtain goods or a service at a
discounted or reduced price.

(1.1) The Minister may, for the purposes
of this Act or any part of this Act and for the purposes of the regulations,
make regulations defining any word or term used but not defined in this Act or
in the part of this Act.

(2) Without
limiting the generality of subsection (1.1), the Minister may make regulations
that restrict or broaden the definitions of consumer, consumer transaction,
goods, services and supplier, and the restricting or broadening of the
definitions may apply to one or more provisions of this Act and to one or more
provisions of the regulations under this Act.

1.1(1) The Minister shall establish and make publicly available a
Consumer Bill of Rights that highlights consumer rights and protections under
this Act.

(2) A failure of a person to act in a
manner that is consistent with the Consumer Bill of Rights does not in itself
give rise to

(a) a
cause of action or other legally enforceable right or legal remedy or claim,

(b) an
offence under this Act, or

(c) proceedings
in any court or before any body or person having the power to make decisions under
an enactment.

(3) The Consumer Bill of Rights does not
limit or otherwise affect any existing rights or obligations under this Act.

2017 c18 s1(6)

Part 1
General Principles

Act prevails

2(1) Any waiver or release by a person of the person’s rights,
benefits or protections under this Act or the regulations is void.

(2) Subsection
(1) does not apply to a release made by a person in the settlement of a
dispute.

1998 cF‑1.05 s2

Application of Act

2.1 In determining whether this
Act applies to an entity, a representation or a transaction, a court or an
appeal board must consider the real substance of the entity, the
representation or the transaction and in doing so may disregard the outward
form.

2005 c9 s3;2018 c11 s7

Other rights unaffected

3 None of the rights or remedies
under this Act or the regulations restrict, limit or derogate from any legal,
equitable or statutory right or remedy that the following may have:

(a) a
consumer;

(b) a
person dealing with a reporting agency as defined in Part 5, licensee or loan
broker;

(c) a borrower
or lessee to which Part 9 applies;

(d) a
borrower to whom Part 12.1 applies.

RSA 2000 cF‑2
s3;2016 cE‑9.5 s8

Interpretation of
documents

4 If a consumer and a supplier
enter into a consumer transaction, or an individual enters into a contract with
a licensee and the licensee agrees to supply something to the individual in the
normal course of the licensee’s business, and

(a) all
or any part of the transaction or contract is evidenced by a document provided
by the supplier or licensee, and

(b) a
provision of the document is ambiguous,

the provision must be interpreted against the supplier or
licensee, as the case may be.

1998 cF‑1.05 s4

Regulations

4.1 The Minister may make
regulations respecting the establishment of minimum standards for specific
types of business that are subject to this Act, without requiring them to be
licensed.

2005 c9 s4

Part 2
Unfair and Negative Option Practices

Division 1
Unfair Practices

Application

5 This Act applies to the
following unfair practices:

(a) an
unfair practice in which the supplier or consumer is a resident of Alberta;

(b) an
unfair practice involving a consumer transaction in which the offer or
acceptance is made in or is sent from Alberta;

(c) an
unfair practice made or received in Alberta involving a supplier’s
representative;

(d) an unfair practice
specified in the regulations.

1998 cF‑1.05 s5

Unfair practices

6(1) In this section, “material fact” means any information that
would reasonably be expected to affect the decision of a consumer to enter into
a consumer transaction.

(1.1) It is an offence for a supplier to
engage in an unfair practice.

(2) It is an unfair practice for a
supplier, in a consumer transaction or a proposed consumer transaction,

(a) to
exert undue pressure or influence on the consumer to enter into the consumer
transaction;

(b) to
take advantage of the consumer as a result of the consumer’s inability to
understand the character, nature, language or effect of the consumer transaction
or any matter related to the transaction;

(c) to
use exaggeration, innuendo or ambiguity as to a material fact with respect to
the consumer transaction;

(d) to
charge a price for goods or services that grossly exceeds the price at which
similar goods or services are readily available without informing the consumer
of the difference in price and the reason for the difference;

(e) to
charge a price for goods or services that is more than 10%, to a maximum of
$100, higher than the estimate given for those goods or services unless

(i) the
consumer has expressly consented to the higher price before the goods or
services are supplied, or

(ii) if
the consumer requires additional or different goods and services, the consumer
and the supplier agree to amend the estimate in a consumer agreement;

(f) to
charge a fee for an estimate for goods or services unless the consumer

(i) is
informed in advance that a fee will be charged and informed of the amount of
the fee, and

(ii) has
expressly consented to be charged the fee.

(3) It is an unfair practice for a
supplier

(a) to
enter into a consumer transaction if the supplier knows or ought to know that
the consumer is unable to receive any reasonable benefit from the goods or
services;

(b) to
enter into a consumer transaction if the supplier knows or ought to know that
there is no reasonable probability that the consumer is able to pay the full
price for the goods or services;

(c) to
include in a consumer transaction terms or conditions that are harsh, oppressive
or excessively one‑sided;

(d) to
make a representation that a consumer transaction involves or does not involve
rights, remedies or obligations that is different from the fact.

(4) Without limiting subsections (2) and
(3), the following are unfair practices if they are directed at one or more
consumers or potential consumers:

(a) a
supplier’s doing or saying anything that might reasonably deceive or mislead a
consumer;

(b) a
supplier’s misleading statement of opinion if the consumer is likely to rely on
that opinion to the consumer’s disadvantage;

(c) a
supplier’s representation that goods or services have sponsorship, approval,
performance, characteristics, accessories, ingredients, quantities, components,
uses, benefits or other attributes that they do not have;

(d) a
supplier’s representation that the supplier has a sponsorship, approval,
status, qualification, affiliation or connection that the supplier does not
have;

(e) a
supplier’s representation that goods or services are of a particular standard,
quality, grade, style or model if they are not;

(f) a
supplier’s representation that goods have or have not been used to an extent
that is different from the fact;

(g) a
supplier’s representation that goods are new if they are used, deteriorated,
altered or reconditioned;

(h) a
supplier’s representation that goods have or do not have a particular prior
history or usage if that is different from the fact;

(i) a
supplier’s representation that goods or services are available for a reason that
is different from the fact;

(j) a
supplier’s representation that goods or services have been made available in
accordance with a previous representation if they have not;

(k) a
supplier’s representation that the supplier can supply goods or services if the
supplier cannot;

(l) a
supplier’s representation involving a voucher that another supplier will
provide goods or a service or will provide goods or a service at a discounted
or reduced price if the first‑mentioned supplier knows or ought to know
that the second‑mentioned supplier will not;

(m) a
supplier’s representation that goods are available in a particular quantity if
they are not;

(n) a
supplier’s representation that goods or services will be supplied within a
stated period if the supplier knows or ought to know that they will not;

(o) a
supplier’s representation that a specific price benefit or advantage exists if
it does not;

(p) a
supplier’s representation that a part, replacement, repair or adjustment is
needed or desirable if it is not;

(q) a
supplier’s representation that the supplier is requesting information,
conducting a survey or making a solicitation for a particular purpose if that
is not the case;

(r) a
supplier’s representation that a person does or does not have the authority to
negotiate the terms of a consumer transaction if the representation is
different from the fact;

(s) when
the price of any part of goods or services is given in any representation by a
supplier,

(i) failure
to give the total price of the goods or services, or

(ii) giving
less prominence to the total price of the goods or services than to the price
of the part;

(t) when
the amount of any instalment to be paid in respect of goods or services is
given in any representation by a supplier,

(i) failure
to give the total price of the goods or services, or

(ii) giving
less prominence to the total price of the goods and services than to the amount
of the instalment;

(t.1) a
supplier’s representation regarding an agreement for continuing provision of
services if the supplier fails to provide prominent and full disclosure of the
details of the agreement, including duration, changes in price, renewals,
extensions or amendments, or if the supplier fails to obtain the consumer’s
express consent to renewals, extensions or amendments of the agreement;

(u) a
supplier’s giving an estimate of the price of goods or services if the goods or
services cannot be provided for that price;

(v) a
supplier’s representation of the price of goods or services in such a way that
a consumer might reasonably believe that the price refers to a larger package
of goods or services than is the case;

(w) a
supplier’s representation that a consumer will obtain a benefit for helping the
supplier to find other potential customers if it is unlikely that the consumer
will obtain such a benefit;

(x) a
supplier’s representation about the performance, capability or length of life
of goods or services unless

(i) the
representation is based on adequate and proper independent testing that was
done before the representation is made,

(ii) the
testing substantiates the claim, and

(iii) the
representation accurately and fairly reflects the results of the testing;

(y) a
supplier’s representation that goods or services are available at an
advantageous price if reasonable quantities of them are not available at such a
price, unless it is made clear that quantities are limited;

(z) a
supplier’s representation that appears in an objective form such as an
editorial, documentary or scientific report when the representation is
primarily made to sell goods or services, unless the representation states that
it is an advertisement or promotion;

(aa) anything specified in
the regulations.

RSA 2000 cF‑2
s6;2005 c9 s5;2018 c11 s7

Cancelling agreement

7(1) A consumer may cancel at no cost or penalty to the consumer
a consumer transaction, whether written or oral, that was entered into by the
consumer and a supplier who engaged in an unfair practice regarding the
consumer transaction, whether the unfair practice occurred before, during or
after the time when the consumer transaction was entered into, and in addition
the consumer is entitled to any remedy that is available at law, including
damages.

(2) Where a supplier has been found to
have engaged in an unfair practice, any consumer who entered into a consumer
transaction that was subject to the unfair practice with the supplier who
engaged in the unfair practice may cancel the consumer transaction at no cost
or penalty to the consumer.

(3) A consumer is entitled to recover
the amount by which the consumer’s payment under the consumer transaction
exceeds the value of the goods or services to the consumer, or to recover
damages, or both, if cancellation of the consumer transaction under subsection
(1) or (2) is not possible because

(a) the
return or restitution of the goods or cancellation of the services is no longer
possible, or

(b) cancellation
would deprive a third party of a right in the subject‑matter of the
consumer transaction that the third party has acquired in good faith and for
value.

(4) When a consumer cancels a consumer
transaction under subsection (1) or (2), the cancellation operates to cancel,
as if they never existed,

(a) the
consumer transaction,

(b) all
related consumer transactions,

(c) all
guarantees given in respect of money payable under the consumer transaction,

(d) all
security given by the consumer or a guarantor in respect of money payable under
the consumer transaction, and

(e) all
credit agreements and other payment instruments, including promissory notes,

(i) extended,
arranged or facilitated by the supplier with whom the consumer made the
consumer transaction, or

(ii) otherwise
related to the consumer transaction.

RSA 2000 cF‑2
s7;2005 c9 s6

Notice

7.1(1) A consumer must give notice within one year of a supplier
having been found to have engaged in an unfair practice related to a consumer
transaction if

(a) the
consumer wishes to cancel the consumer transaction under section 7(1) or (2),
or

(b) the
consumer seeks recovery under section 7(3), if cancellation is not possible.

(2) A consumer may give notice in any
manner as long as the notice indicates

(a) the
consumer’s intention

(i) to
cancel the consumer transaction, or

(ii) to
seek recovery if cancellation is not possible,

and

(b) the
consumer’s reasons for taking the actions set out in clause (a),

and meets any
requirements that may be prescribed.

(3) Notice may be delivered by any
means, but if notice is delivered other than by personal service it is deemed
to have been given when sent.

(4) The consumer may send or deliver the
notice to the supplier with whom the consumer entered into the consumer
transaction at the address set out in an agreement under the consumer
transaction or, if the consumer did not receive a written copy of the agreement
or if the address of the supplier was not set out in the agreement, the
consumer may send or deliver the notice

(a) to
any address of the supplier on record with the Government of Alberta, or

(b) to
an address of the supplier known to the consumer.

(5) If
a consumer has delivered notice and has not received a satisfactory response
within the prescribed period, the consumer may commence an action in the Court
of Queen’s Bench.

2005 c9 s6

Powers of Court

7.2(1) In an action commenced under this Division, the Court of
Queen’s Bench may award exemplary or punitive damages in addition to any other
remedy the Court considers proper.

(2) In the trial of an issue under this
Division, oral evidence respecting an unfair practice is admissible despite the
existence of a written agreement under the consumer transaction and despite the
fact that the oral evidence pertains to a representation in respect of a term,
condition or undertaking that is not provided for in the agreement.

(3) The
Court of Queen’s Bench may disregard the requirement that the consumer give
notice under section 7.1 or any requirement relating to the notice if the Court
considers that it is in the interest of justice to do so.

2005 c9 s6

Liability

7.3(1) Each person who engages in an unfair practice is jointly and
severally liable with the supplier who entered into a consumer transaction that
was subject to the unfair practice with a consumer for any amount to which the
consumer is entitled under section 7 or 7.2.

(2) If an agreement under a consumer
transaction to which section 7 applies has been assigned, or if any right to
payment under such a consumer transaction has been assigned, the liability of
the person to whom it has been assigned is limited to the amount paid to that
person by the consumer.

2005 c9 s6

Provincial Court

7.4(1) Subject to the jurisdiction of the Provincial Court, an
action under section 7.1(5) may be commenced under Part 4 of the Provincial
Court Act and the regulations under that Act.

(2) Section 18 does not apply to an
action commenced under this section.

2005 c9 s6;2015 c12 s10

Time of occurrence

8 An unfair practice may occur
before, during or after a consumer transaction, and is an unfair practice for
all the purposes of this Part even if no consumer transaction is entered into
or concluded.

1998 cF‑1.05 s8

Advertising

9(1) No advertiser may print, publish, distribute, broadcast or
telecast a supplier’s advertisement for goods or a service if the advertisement
contains an unfair practice.

(2) Subsection
(1) does not apply to an advertiser who prints, publishes, distributes,
broadcasts or telecasts a supplier’s advertisement in good faith and in the
ordinary course of business.

1998 cF‑1.05 s9

Trust accounts

10 Every supplier must comply
with the requirements respecting trust accounts established by the regulations
under section 143.

1998 cF‑1.05 s10

Information in
representations

11 If a regulation is made
pursuant to section 12(d), every supplier who makes a representation to which
the regulation applies must ensure that the representation contains the
information prescribed by the regulation.

1998 cF‑1.05 s11

Regulations

12 The Minister may make
regulations

(a) specifying
unfair practices to which this Part applies;

(b) specifying
activities or things to be unfair practices;

(c) respecting
the records to be maintained by an advertiser, including where the records are
to be maintained and the time period for which they must be maintained;

(d) prescribing
information that must be given in a representation made by a supplier or class
of supplier in respect of any consumer transaction or class of consumer
transaction;

(e) prescribing
requirements for notice that must be given by a consumer for the purpose of
cancelling a consumer transaction or seeking recovery under section 7;

(f) prescribing the period
for a supplier to respond to notice given by a consumer under section 7.1.

RSA 2000 cF‑2
s12;2005 c9 s7

Division 2
Civil Remedies Against Suppliers

Court action by consumer

13(1) When a consumer

(a) has
entered into a consumer transaction, and

(b) in
respect of that consumer transaction, has suffered damage or loss due to an
unfair practice,

that consumer may
commence an action in the Court of Queen’s Bench for relief from that damage or
loss against any supplier or any principal, director, manager, employee or
agent of a supplier who engaged in or acquiesced in the unfair practice that
caused that damage or loss.

(2) In an action under this section, the
Court of Queen’s Bench may

(a) declare
that the practice is an unfair practice;

(b) award
damages for damage or loss suffered;

(c) award
punitive or exemplary damages;

(d) make
an order for

(i) specific
performance of the consumer transaction,

(ii) restitution
of property or funds, or

(iii) rescission
of the consumer transaction;

(e) grant
an order in the nature of an injunction restraining the supplier from engaging
in the unfair practice;

(f) make
any directions and grant any other relief the Court considers proper.

(3) In determining whether to grant any
relief under this section and the nature and extent of the relief, the Court of
Queen’s Bench must consider whether the consumer made a reasonable effort to
minimize any damage resulting from the unfair practice and to resolve the
dispute with the supplier before commencing the action in the Court.

(4) The
Court of Queen’s Bench may award costs in accordance with the Alberta Rules
of Court.

RSA 2000 cF‑2
s13;2005 c9 s8;2009 c53 s64

Provincial Court

14(1) Subject to the jurisdiction of the Provincial Court, an
action under section 13(1) may be commenced under Part 4 of the Provincial
Court Act.

(2) Section
18 does not apply to an action commenced under this section.

1998 cF‑1.05 s14

Actions by the Director
on behalf of consumers

15(1) Subject to this section, the Director may, when in the
opinion of the Director it is in the public interest to do so,

(a) commence
and maintain an action under section 13 if a consumer has a cause of action
under that section,

(b) maintain
an action under section 13 after it has been commenced, or

(c) bring
and maintain an appeal of an action under section 13.

(2) When, pursuant to subsection (1),
the Director brings or maintains an action or an appeal under section 13, the
Director must do so in the name of and on behalf of that consumer, and the
Director is entitled to take the same steps in and have the same control over
the action or appeal, including the right to settle the action or appeal or any
part of it, that the consumer would have had in respect of that action or
appeal.

(3) The Director may not bring or
maintain an action or an appeal under this section without first obtaining the
written consent of the consumer in whose name the action is brought.

(4) On the consumer’s giving written
consent, the Director may, without consulting or seeking any further consent of
the consumer, conduct the action or appeal in any manner the Director considers
appropriate.

(5) In an action or appeal commenced,
brought or maintained by the Director pursuant to subsection (1),

(a) any
money recovered, excluding costs of the action or appeal, must be paid to the
consumer;

(b) any
money payable by the consumer, excluding costs of the action or appeal, is not
recoverable from the Director or the Government;

(c) the
costs of the action or appeal are to be paid to or borne by the Government.

(6) Nothing in this section abrogates or
restricts any right of set-off that a person has or may have against a consumer
on whose behalf the Director is acting under this section.

(7) When
the Director, while acting on behalf of a consumer under this section, releases
a supplier from a liability or an obligation arising out of the cause of
action, that release extinguishes the claim to the liability or obligation
referred to in that release that the consumer may have against that supplier.

1998 cF‑1.05 s15

Arbitration clause,
agreement

16(1) Subject to subsection (3), a supplier shall not enforce an
arbitration clause in a consumer transaction or an arbitration agreement with a
consumer.

(2) Subject to subsection (3), an
arbitration clause in a consumer transaction or an arbitration agreement with a
consumer is void and unenforceable.

(3) Subsections (1) and (2) do not apply
in respect of

(a) an
arbitration agreement voluntarily entered into between a supplier and a
consumer after a dispute has arisen, or

(b) an
arbitration agreement or an arbitration clause in a consumer transaction if the
agreement or clause allows the consumer to decide, after a dispute has arisen,
whether the consumer will use arbitration or an action in court to resolve the
dispute.

RSA 2000 cF‑2
s16;2017 c18 s1(9)

Court action by consumer
organizations

17(1) A consumer organization or a group of consumers may commence
and maintain an action in the Court of Queen’s Bench against a supplier or any
principal, director, manager, employee or agent of a supplier who is engaging
in or has engaged in an unfair practice.

(2) In an action under this section, the
Court of Queen’s Bench may

(a) make
an order declaring that the act or practice is an unfair practice, and

(b) grant
an order in the nature of an injunction restraining the supplier or any
principal, director, manager, employee or agent of the supplier from engaging
in the unfair practice.

(3) A consumer organization bringing an
action under this section is not required to have an interest in or be affected
by the matter in issue in order to commence and maintain the action.

(4) When
an action is commenced under this section, the Court of Queen’s Bench may order
the consumer organization that commenced the action to furnish security for
costs in any amount the Court considers proper.

RSA 2000 cF‑2
s17;2005 c9 s9

Director to be notified

18(1) A party that commences an action under section 13 or 17 must
serve the Director with a copy of the statement of claim.

(2) The party commencing the action may
not take the next step in the action until the Director has been served under
subsection (1).

(3) On
being served under subsection (1), the Director may, on notice to all parties
to the action, make application to the Court to be added as a party and on the
making of the order the Director may take any of the steps under section 15.

1998 cF‑1.05 s18

Advertisement of
judicial decision

19(1) When a court grants relief under section 13, 15 or 17, the
court may make a further order requiring the supplier to advertise to the
public the particulars of any order, judgment or other relief granted by the
court.

(2) In making an order under subsection
(1), the court may prescribe

(a) the
methods of making the advertisement so that it will assure prompt and
reasonable communication to consumers;

(b) the
contents or form, or both, of the advertisement;

(c) the
number of times the advertisement is to be made;

(d) any other conditions
the court considers proper.

1998 cF‑1.05 s19

Division 3
Negative Option Practices

Definition

20 In this Division, “negative
option practice” means a consumer transaction in which a supplier

(a) provides
goods or services to a consumer, including the enhancement of a service that a
consumer is already receiving, that the consumer did not request, and

(b) requires the consumer
to pay for the goods or services unless the consumer informs the supplier that
the consumer does not want the goods or services.

1998 cF‑1.05 s20

Application

21 This Division applies to a
negative option practice if

(a) the
supplier or consumer is a resident of Alberta, or

(b) the goods or services
are provided from or received in Alberta.

1998 cF‑1.05 s21

No consumer liability

22 A consumer is not liable to
pay for any goods or services received under a negative option practice.

RSA 2000 cF‑2
s22;2005 c9 s10

Negative option
practices prohibited

23 No supplier may supply goods
or services to a consumer through a negative option practice.

1998 cF‑1.05 s23

Part 3
Cancellation of Direct Sales Contracts and Time Share Contracts

Definitions

24 In this Part,

(a) “commencement
date” means the date a supplier of a prepaid or direct sales contract begins
tangible or identifiable service at the location specified in the contract;

(a.1) “direct
sales contract” means a consumer transaction that is a contract, other than a
time share contract, in which

(i) the
consideration for the goods or services exceeds an amount specified in the
regulations, and

(ii) the
contract is negotiated or concluded in person at a place other than the
supplier’s place of business or at a place other than a market place, auction,
trade fair, agricultural fair or exhibition,

and
includes an offer to buy goods or services or to enter into a contract
mentioned in subclause (i) or (ii);

(b) “trade‑in
allowance” means the greater of

(i) the
price or value of the consumer’s goods as set out in a trade‑in arrangement,
or

(ii) the
market value of the consumer’s goods when taken in trade under a trade‑in
arrangement;

(c) “trade‑in
arrangement” means an agreement or arrangement, contained in a direct sales
contract or forming the whole or part of a related agreement, under which the
consumer sells or agrees to sell the consumer’s own goods to the supplier or
any other person and the goods are accepted as the whole or part of the
consideration under the direct sales contract.

RSA 2000 cF‑2
s24;2005 c9 s11

Application

25(1) This Part applies to the following direct sales contracts
and time share contracts:

(a) a
contract in which the supplier or consumer is a resident of Alberta;

(b) a
contract in which the offer or acceptance is made in or is sent from Alberta;

(c) a
contract specified in the regulations.

(2) This Part or a Division of this Part
does not apply to classes of business exempted in the regulations.

(3) The
Minister may make regulations for the purposes of subsections (1)(c) and (2).

RSA 2000 cF‑2
s25;2005 c9 s12

Division 1
Direct Sales Contracts

Salesperson’s representations

26 An oral or written
representation, statement or undertaking, whether constituting a condition or
warranty or not, made to a consumer by a salesperson with respect to goods
covered by a direct sales contract or a related sale is deemed to have been
made by the salesperson as agent of the supplier, but nothing in this section
exonerates any person from any liability to which the person would be subject
apart from this section.

1998 cF‑1.05 s26

Absolute cancellation
right

27 A consumer may, without any
reason, cancel a direct sales contract at any time from the date the sales
contract is entered into until, subject to the regulations, 10 days after the
consumer receives a copy of the written sales contract.

1998 cF‑1.05 s27

Extended cancellation in
certain circumstances

28(1) In addition to the right of cancellation under section 27, a
consumer may cancel a direct sales contract in the circumstances set out in
this section.

(2) A consumer may cancel a direct sales
contract within one year from the date the direct sales contract is entered
into,

(a) if
the supplier was required to be licensed under Part 10 and was not licensed at
the time the direct sales contract was concluded, or

(b) if
the direct sales contract does not include all the information required under
section 35.

(3) A consumer may cancel a direct sales
contract within one year from the date the direct sales contract is entered
into if the supplier

(a) does
not deliver the goods within 30 days from the delivery date specified in the
direct sales contract or an amended delivery date agreed on in writing by the
consumer and the supplier, or

(b) does
not begin the services within 30 days from the commencement date specified in
the direct sales contract or an amended commencement date agreed on in writing
by the consumer and the supplier.

(4) If, after the period mentioned in
subsection (3) has expired, the consumer accepts delivery of the goods or the consumer
authorizes the services to begin, the consumer may not cancel the direct sales
contract pursuant to subsection (3).

(5) Subject to subsection (6), a
consumer may cancel a direct sales contract in which the goods purchased are a
voucher if, within one year from the date that the direct sales contract is
entered into or within the date specified in the voucher for exercising the
rights granted by the voucher, whichever occurs first, the supplier that is to
provide the goods or services under the voucher or is to provide goods or
services at a discounted or reduced price under the voucher

(a) refuses
to do so for a reason that is not specified in the voucher, or

(b) no
longer exists.

(6) Subsection (5) does not apply to a
direct sales contract in which the goods purchased are a voucher if the
consumer has received

(a) goods
or services under the voucher having a value that is at least the price paid
for the voucher,

(b) discounts
or price reductions under the voucher having a value that is at least the price
paid for the voucher, or

(c) a combination of the
values referred to in clauses (a) and (b) that is at least the price paid for
the voucher.

1998 cF‑1.05 s28

Method of cancellation

29(1) A direct sales contract is cancelled on the giving of a notice of
cancellation in accordance with this section.

(2) A notice of cancellation may be
expressed in any way as long as it indicates the intention of the consumer to
cancel the direct sales contract.

(3) The notice of cancellation may be
given by any means, including, but not limited to, personal service, registered
mail, courier or telecopier or by any other method, including orally, by which
the consumer can provide evidence of the date that the consumer cancelled the
direct sales contract.

(4) Where the notice is given other than
by personal service or orally, the notice of cancellation is deemed to be given
when sent.

(5) The notice of cancellation may be
sent or delivered to the supplier at the address set out in the direct sales
contract or, if the consumer did not receive a copy of the direct sales
contract or the address of the supplier was not set out in the direct sales
contract, the consumer may send or deliver the cancellation notice

(a) to
any address of the supplier on record with the Government of Alberta,

(b) to
an address of the supplier known by the consumer, or

(c) to
the salesperson of the supplier at an address known by the consumer.

(6) If
the consumer is unable to find an address referred to in subsection (5), the
consumer may send or deliver the notice to any office of the consumer services
division of the department whose Minister is responsible for this Act or to any
other place designated by the regulations.

RSA 2000 cF‑2
s29;2005 c9 s13

Effect of cancellation
of contract

30(1) A cancellation of a direct sales contract in accordance with
this Division operates

(a) to
cancel the direct sales contract, or

(b) when
the direct sales contract is an offer to buy, to withdraw the offer,

as if the direct sales
contract never existed.

(2) A cancellation of a direct sales
contract in accordance with this Division also operates to cancel

(a) any
related sale,

(b) any
guarantee given in respect of money payable under the direct sales contract,
and

(c) any
security given by the consumer or a guarantor in respect of money payable under
the direct sales contract,

as if it never
existed.

(3) Where
credit is extended or arranged by the supplier, the credit contract is
conditional on the direct sales contract whether or not the credit contract is
a part of or attached to the direct sales contract, and if the direct sales
contract is cancelled, that cancellation has the effect of cancelling the
credit contract as if the direct sales contract had never existed.

1998 cF‑1.05 s30

Responsibilities on
cancellation

31(1) In this section,

(a) “authorized
person” means

(i) the
supplier,

(ii) the
person for the time being entitled to possession of the goods, or

(iii) a
person specified in the direct sales contract as a person to whom a notice of
cancellation may be given;

(b) “consumer’s
premises” means the place specified in the sales contract as the consumer’s
address or, if the address shown does not specifically identify that place by a
municipal address, land description or other description sufficient to
distinguish that place from any other, the place where the consumer actually
resided at the time the sales contract was made.

(2) Within 15 days after a direct sales
contract is cancelled, the supplier must refund to the consumer all money paid
by the consumer and return to the consumer’s premises any trade‑in or an
amount equal to the trade‑in allowance.

(3) In the case of a direct sales
contract for goods, the consumer must, on receiving the refund and return of
the trade‑in or an amount equal to the trade‑in allowance, return
the goods to the supplier.

(4) Where a direct sales contract has
been cancelled but the consumer solicited the services of a supplier and
requested that the service be provided within 10 days from the date that the
direct sales contract was entered into, the supplier is entitled to reasonable
compensation for the services performed by the supplier, but the supplier’s
rights under this subsection do not arise until the supplier complies with
subsection (2).

(5) When a notice of cancellation is
given in accordance with section 29, the consumer must return to an authorized
person goods that came into the consumer’s possession under the direct sales
contract or a related sale or pre‑existing contract if an authorized
person gives the consumer a written request that is signed or purports to be
signed by or on behalf of the supplier, but the obligation of the consumer
under this subsection is subject to any lien or right to retain the goods that
the consumer may have under section 32 and the consumer’s right to enforce the
lien.

(6) The consumer may

(a) return
the goods to an authorized person or to a person designated for the purpose by
an authorized person, at a place elsewhere than at the consumer’s premises, or

(b) return
the goods at the consumer’s expense to the supplier or to a person specified in
the direct sales contract as a person to whom a notice of cancellation may be
given.

(7) A return of the goods in accordance
with subsection (5) or (6) is deemed to be made with the consent of the
supplier or, if the supplier is not entitled to possession of the goods, with
the consent of the person so entitled, and operates to discharge the consumer
from any obligation to retain the goods or deliver them to the person so
entitled.

(8) The consumer is under an obligation
to take reasonable care of goods delivered to the consumer under a direct sales
contract or related agreement until

(a) the
return of the goods in accordance with subsection (5) or (6), or

(b) the
expiration of the period of 21 days after the giving of the notice of
cancellation,

whichever event occurs
first, and if the consumer sends the goods to the supplier or other person in
accordance with subsection (6)(b), the consumer is under an obligation to take
reasonable care to see that they are received by the person to whom they are
sent and are not damaged in transit.

(9) Any obligation under subsection (8)
is owed to the person for the time being entitled to possession of the goods
and any breach of that obligation is actionable, at the suit of that person, as
a breach of statutory duty.

(10) The consumer is under no obligation
under this section to return the goods elsewhere than at the consumer’s
premises.

(11) Except
as provided by this section, the consumer is not under any obligation, whether
arising by contract or otherwise, to take care of the goods.

1998 cF‑1.05 s31

Consumer’s right to retain goods

32 When a notice of cancellation is served in
accordance with section 29, the consumer is entitled to retain possession of
goods delivered to the consumer under a direct sales contract, related sale or
pre‑existing contract

(a) until
all money paid under the direct sales contract, related sale or pre‑existing
contract is refunded, and

(b) in
the case of a trade‑in arrangement, until either

(i) the
goods delivered by the consumer under the trade‑in arrangement are
returned to the consumer in a condition substantially the same as when they
were delivered by the consumer, or

(ii) a
sum equal to the trade‑in allowance is paid to the consumer,

and the consumer, while in possession, has a lien on those
goods for any money so owing to the consumer.

1998 cF‑1.05 s32

Recovery of refund and
trade‑in allowance

33(1) If the supplier fails to refund to the consumer all money
paid under the direct sales contract, any related sale and any pre‑existing
contract under section 31, the consumer may recover that money from the
supplier.

(2) In the case of a trade‑in
arrangement, unless

(a) the
supplier returns the consumer’s goods to the consumer in accordance with
section 31(1), and

(b) the
goods are then in a condition substantially the same as when they were
delivered by the consumer,

the consumer may
recover from the supplier an amount equal to the trade‑in allowance for
the goods.

(3) An amount recoverable under
subsection (1) or (2) may be recovered as a simple contract debt.

(4) When
the consumer recovers an amount equal to the trade‑in allowance, then, if
the title of the consumer to goods delivered by the consumer under the trade‑in
arrangement did not pass from the consumer, the title vests in the person
entitled to the title under the trade‑in arrangement.

1998 cF‑1.05 s33

Proceeds of bond

34 When, pursuant to regulations under Part 13, the
proceeds of a security are used for the benefit of consumers who have not
recovered money owing to them following the cancellation of direct sales
contracts, any money paid to a consumer from the proceeds of the security is
deemed to have been recovered from the supplier.

1998 cF‑1.05 s34

Contents of sales
contract

35 A written direct sales
contract must include

(a) the
consumer’s name and address;

(b) the
supplier’s name, business address, telephone number and, where applicable, fax
number;

(c) where
applicable, the salesperson’s name;

(d) the
date and place at which the direct sales contract is entered into;

(e) a
description of the goods or services, sufficient to identify them;

(f) a
statement of cancellation rights that conforms with the requirements set out in
the regulations;

(g) the
itemized price of the goods or services, or both;

(h) the
total amount of the direct sales contract;

(i) the
terms of payment;

(j) in
the case of a sales contract for the future delivery of goods, future provision
of services or future delivery of goods together with services, the delivery
date for the goods or commencement date for the services, or both;

(k) in
the case of a sales contract for the future provision of services or the
delivery of goods together with services, the completion date for providing the
services or the goods together with services;

(l) where
credit is extended,

(i) a
statement of any security taken for payment, and

(ii) the
disclosure statement required under Part 9;

(m) where
there is a trade‑in arrangement, a description of and the value of the
trade‑in;

(n) the signatures of the
consumer and the supplier.

RSA 2000 cF‑2
s35;2005 c9 s14

Regulations

36 The Minister may make
regulations

(a) specifying
amounts for the purposes of section 24(a.1)(i);

(b) respecting
the form and contents of the statement of cancellation rights that must be
included in a direct sales contract and the form of the contract;

(c) designating places
where notices of cancellation may be sent or delivered for the purposes of
section 29.

RSA 2000 cF‑2
s36;2005 c9 s15

Division 2
Time Share Contracts

Absolute cancellation
right

37(1) A consumer may, without any reason, cancel a time share
contract at any time from the date the contract is entered into until 10 days
after the consumer receives a copy of the contract.

(2) In addition to the right of
cancellation under subsection (1), a consumer may cancel a time share contract
within one year from the date the contract is entered into if the time share
contract does not set out

(a) the
consumer’s right of cancellation under subsection (1), or

(b) the consumer’s right to
receive a refund of money paid under section 39.

RSA 2000 cF‑2
s37;2005 c9 s16

Method of cancellation

38 A time share contract is
cancelled on the giving of a notice of cancellation in accordance with the
regulations.

1998 cF‑1.05 s38

Responsibilities on
cancellation

39(1) Within 15 days after a time share contract is cancelled, the
supplier must refund to the consumer all money paid by the consumer.

(2) Where
a time share contract has been cancelled and the consumer has used the property
under the time share contract, the supplier is entitled to reasonable
compensation for the use of the property, but the supplier’s rights under this
section do not arise until the supplier complies with subsection (1).

1998 cF‑1.05 s39

Recovery of refund

40 If the supplier fails to
refund to the consumer all money paid under the time share contract under
section 39, the consumer may recover the money from the supplier as a simple
contract debt.

1998 cF‑1.05 s40

Regulations

41 The Minister may make
regulations

(a) respecting
the form and contents of time share contracts;

(b) respecting the giving
of a notice of cancellation of a time share contract, including specifying when
notice is deemed to be received.

1998 cF‑1.05 s41

Part 4
Marketing Through Electronic Media

Regulations

42(1) The Minister may make regulations respecting the marketing
of goods and services through forms of electronic media, such as telephone,
television, fax, e‑mail or the Internet, that are specified in the
regulations.

(2) Without limiting subsection (1), the
Minister may make regulations

(a) specifying
the forms of electronic media and the types of marketing to which the
regulation applies;

(b) regulating
and prohibiting specified activities involved in marketing of goods and
services through electronic media;

(c) setting out the rights
and remedies of consumers who enter into consumer transactions wholly or partly
through a form of electronic media.

RSA 2000 cF‑2
s42;2005 c9 s17

Part 5
Credit and Personal Reports

Definitions

43 In this Part,

(a) “credit
information” means information about an individual’s name, age and place of
residence and other information prescribed in the regulations;

(b) “file”,
when used as a noun, means all of the information pertaining to an individual
that is recorded and retained by a reporting agency, regardless of the manner
or form in which the information is stored;

(c) “personal
information” means information other than credit information about an
individual’s character, reputation, health, physical or personal
characteristics or mode of living or about any other matter concerning the
individual;

(d) “report”
means a written, oral or other communication of credit or personal information
of a type, or made in a manner, specified in the regulations;

(e) “reporting agency”
means a person who carries on the activity of furnishing reports as prescribed
in the regulations.

RSA 2000 cF‑2
s43;2002 cA‑4.5 s34;2005 c9 s18

Furnishing reports

44(1) A reporting agency, and an officer, agent or employee of a
reporting agency, may furnish a report to a person only in the following
circumstances:

(a) if
there are reasonable grounds to believe that the person intends to use the
information in the report

(i) in
connection with the extension of credit to the individual to whom the report
pertains, with the individual’s express consent,

(i.1) in
connection with the collection of a debt from the individual to whom the report
pertains,

(ii) in
connection with the entering into or the renewal of a tenancy agreement by the
individual to whom the report pertains with the individual’s express consent,

(iii) for
employment purposes, with the express consent of the individual to whom the
report pertains,

(iv) in
connection with the underwriting of insurance involving the individual to whom
the report pertains, with the individual’s express consent, or

(v) to
determine the eligibility of an individual to whom the report pertains under a
law, if the information is relevant to the eligibility requirement;

(b) if
there are reasonable grounds to believe that the person has a direct business
requirement for information in the report as a result of a business transaction
respecting the individual to whom the report pertains with the individual’s
express consent;

(c) if
the report is furnished to the Director or an inspector, the government of
Canada or of a province or territory, a municipality in Canada or any of their
agencies;

(d) if
the person is the individual to whom the report pertains or if the person has
the express consent of the individual to obtain the report;

(e) in
response to the order of a court;

(f) in
circumstances specified in the regulations.

(2) No person may obtain a report from a
reporting agency except in the circumstances referred to in subsection (1).

(2.1) The express consent of an individual
referred to in subsection (1) must be in a verifiable form, including but not
limited to writing and audio recordings.

(3) Despite
subsections (1) and (2), a reporting agency may sell, lease or transfer title
to all or part of its files to another reporting agency.

RSA 2000 cF‑2
s44;2005 c9 s19

Contents of reports

45(1) Every reporting agency must adopt all reasonable procedures
to ensure accuracy and fairness in the contents of its reports.

(2) A reporting agency must meet the
requirements respecting the contents of reports that are prescribed in the
regulations.

(3) Repealed
2005 c9 s20.

RSA 2000 cF‑2
s45;2005 c9 s20

46 Repealed
2005 c9 s21.

Explanation by
individual

47(1) An individual may deliver to a reporting agency an
explanation or additional information, in writing as prescribed in the
regulations, about the circumstances surrounding any item of information
referring to the individual in the individual’s file, and the reporting agency
must maintain the explanation or additional information in the file
accompanying the item and include it in any report given containing the item.

(2) An individual who has delivered an
explanation or additional information written by the individual to a reporting
agency may have the explanation or additional information removed from the
individual’s file by delivering a written request for removal to the reporting
agency.

(3) A
reporting agency must remove the explanation or additional information from an
individual’s file within 45 days of receiving a request under subsection (2).

RSA 2000 cF‑2
s47;2005 c9 s22

48 Repealed
2005 c9 s23.

False information

49 No person may give false or
misleading information to a reporting agency.

1998 cF‑1.05 s49

Civil remedy

50(1) If an individual has suffered loss, damage or inconvenience
as a result of a contravention of this Part or the regulations made under this
Part, the individual has a cause of action against the person who contravened
this Part or the regulations made under this Part and is entitled, if the court
finds the individual has suffered loss, damage or inconvenience, to a judgment
for the damages suffered.

(2) In
this section, “court” includes the Provincial Court, even though a
contravention may also constitute a libel or slander.

1998 cF‑1.05 s50

Regulations

51 The Minister may make
regulations

(a) designating
persons as reporting agencies;

(b) requiring
and governing the books, accounts and records to be kept and maintained by
reporting agencies;

(b.1) respecting
security measures for the protection of the books, accounts and records kept
and maintained by reporting agencies and for the disposal of the books,
accounts and records when they are no longer required;

(c) prescribing
information that may not be reported by a reporting agency or contained in its
files;

(d) respecting
fees that a reporting agency may charge an individual before disclosing or
supplying information to the individual;

(e) respecting
consumer credit repair services, including but not limited to

(f) respecting
those persons or individuals to whom a report may or must be furnished;

(g) respecting
requirements for the contents of reports, including the kinds of information
that reports may contain and the kinds of information they must not contain;

(h) specifying
the requirements for an explanation or additional information to be provided by
an individual under section 47;

(i) respecting
the procedures for the correction of errors in an individual’s file maintained
by a reporting agency, including the requirement to distribute the corrected
information to persons who were given reports based on the uncorrected file;

(j) respecting
the requirements for disclosure of information to an individual;

(k) respecting
alternative dispute resolution processes;

(l) defining
words or terms, including restricting or broadening the definitions set out in
section 43;

(m) respecting
identity theft, including but not limited to regulations respecting

(i) definitions,

(ii) procedures
to improve the accuracy and security of consumer records,

(iii) consumer
access to credit information,

(iv) consumer
rights and remedies,

(v) procedures
to be undertaken by suppliers and credit reporting agencies,

(vi) regulation
and prohibition of disclosure of information,

(vii) measures
to assist investigations regarding identity theft, and

(viii) fees and costs
associated with corrections, notifications and registration of warning notices
by reporting agencies on the files of individuals.

RSA 2000 cF‑2
s51;2005 c9 s24

Part 6
Wage Assignments

Definitions

52 In this Part and Part 7,

(a) “lender”
means a supplier who engages in the activity of lending money or extending
credit or who undertakes the activity through assignment or purchase of the
lender’s interest, but does not include an employer who makes an advance on
wages to an employee;

(b) “wages” includes any
salary, pay, overtime pay and other remuneration for work or services however
computed, but does not include tips or other gratuities.

RSA 2000 cF‑2
s52;2005 c9 s25

Assignments

53(1) Any assignment by any person of all or any part of the
person’s wages to secure the payment of an existing or future indebtedness

(a) is
against public policy and void if it is made in favour of a lender;

(b) is
unenforceable by a lender if it is originally made in favour of a person other
than a lender and is later acquired by a lender.

(2) A
lender or an officer, director, employee or agent of a lender shall not attempt
to induce a person to assign wages in favour of the lender in contravention of
subsection (1) or to enforce what purports to be an assignment of wages in
favour of or acquired by the lender.

RSA 2000 cF‑2
s53;2005 c9 s26

Part 7
Fees Charged by Loan Brokers

Charging and collecting
fees

54(1) No loan broker may charge or collect a fee for assisting a
person to obtain personal or business credit until the person has obtained
access to the credit, unless the fee

(a) is
paid directly to the loan broker by a credit grantor or lender for a referral
of business, or

(b) is
for the purpose of obtaining a lease or leasing arrangements.

(2) This section does not apply to fees
charged by

(a) a
loan broker who is authorized to deal as a mortgage broker under the Real
Estate Act if the loan is part of a mortgage as defined in the Real
Estate Act,

(b) a
federal or provincial lender by virtue of the legislation governing the lender,
or

(c) a
loan broker for performing other services for a person, such as preparing or
analysing business plans, budgets or financial statements, if

(i) the
fee or fees for the services are charged under a separate contract from any
services in connection with a loan,

(ii) the
separate contract contains a disclosure statement about the fee or fees, and

(iii) the separate
contract is provided to the person in writing before payment of the fee is
demanded.

RSA 2000 cF‑2
s54;2005 c9 s27;2016 c18 s6

Regulations

54.1 The Minister may make
regulations respecting the brokering of loans, including but not limited to
regulations respecting

(a) the
requirements for contracts for the brokering of loans;

(b) prohibited
practices in the brokering of loans;

(c) the
size of loans to which this Part applies.

2005 c9 s27

Part 8
Consignment Sales, Mobile Homes and Motor Fuel

Consignment sales

55(1) An agreement is deemed to contain the terms set out in the
regulations if

(a) the
agreement is between an individual and another person in which the person
agrees to sell goods of the individual on consignment, and

(b) the
agreement falls within a class of agreement specified in the regulations.

(2) Every person referred to in
subsection (1) who agrees to sell goods of an individual must ensure that the
agreement meets the requirements of the regulations.

(3) The Minister may make regulations

(a) specifying
the classes of agreements to which this section applies;

(b) setting
out the terms that are deemed to be contained in one or more classes of
agreements to which this section applies;

(c) respecting
the requirements that agreements to which this section applies must meet;

(d) respecting
the rights and remedies of the individual referred to in subsection (1) if the
terms of the agreement are not met;

(e) requiring
the person who agrees to sell goods of an individual to deposit money that the
person receives from the sale of the goods into a trust account in the
situations described in the regulations;

(f) respecting
the trust account referred to in clause (e), including where the trust account
may be established and maintained and when the money must be deposited;

(g) respecting
who is entitled to the money in the trust account referred to in clause (e),
the duties and responsibilities of the trustee, the disbursement of funds from
the trust account and what happens if the person entitled to the money in the
trust account cannot be located;

(h) respecting the records
to be kept respecting the trust account referred to in clause (e), the period
of time that those records are to be maintained and the audit of the trust
account.

1998 cF‑1.05 s55

Mobile homes

56(1) No person may sell a new mobile home unless the mobile home
is constructed in accordance with the standards contained in or referred to in
the regulations.

(2) The
Minister may make regulations respecting construction standards for new mobile
homes.

1998 cF‑1.05 s56

Motor fuel

57(1) No person may sell motor fuel that does not meet the
requirements of the regulations.

(c) respecting
the information to be furnished to a purchaser on the sale of any motor fuel in
respect of which a standards specification is prescribed;

(d) respecting
the grade, quality or specifications of motor fuel to be sold in Alberta, and
the securing of samples and the methods of testing motor fuel;

(e) respecting advertising
standards for selling motor fuel.

1998 cF‑1.05 s57

Part 8.1
Ticket Sales and Resales

Definitions

57.1 In this Part,

(a) “primary
seller” means a person other than a secondary seller who is engaged in the
business of making tickets available for sale and includes, as applicable, the
owner of the place to which a ticket provides admission, the promoter of the
event occurring at that place and any agent of those persons;

(b) “secondary
seller” means a person who is engaged in the business of making available for
sale tickets that were originally made available for sale by a primary seller;

(c) “secondary
ticketing platform” means a website, online service, electronic application,
print publication or physical location that facilitates the sale of tickets by
providing ticket sellers, other than primary sellers, with a method through
which to make their tickets available for sale;

(d) “ticket”
means any card, paper, document or thing, whether in electronic form or
otherwise, that, on presentation, entitles the holder to admission to a place
for a recreational, sporting or cultural event or other prescribed event,
located in Alberta;

(e) “ticket
business” means a primary seller, a secondary seller or an operator of a
secondary ticketing platform;

(f) “ticket
purchaser” means a person who participates as a purchaser in a transaction
involving the sale of a ticket.

57.2 A secondary seller or an operator of
a secondary ticketing platform shall provide a full refund to a ticket
purchaser in any of the following circumstances:

(a) the
event to which the ticket provides admission is cancelled before the ticket can
be used;

(b) the
ticket does not grant the ticket purchaser admission to the event for which it
was issued;

(c) the
ticket is counterfeit;

(d) the
ticket does not match its description as advertised or as represented to the
ticket purchaser;

(e) the
ticket has been cancelled by the primary seller under section 57.3(4) because
the ticket was purchased through the use of software described in section
57.3(1).

2017 c18 s1(10)

Use of certain software

57.3(1) A person shall not use software, including automated ticket
purchasing software, intended to circumvent any of the following on a website,
online service or electronic application of a ticket business:

(a) a
security measure;

(b) an
access-control system;

(c) a
control or measure that is used to ensure an equitable ticket‑buying
process;

(d) a
control or measure that is used to limit the number of tickets a person may
purchase;

(e) a
prescribed control, measure or system.

(2) Subsection (1) does not apply to the
use of software that is intended

(a) to
investigate a contravention of this or any other Act or law,

(b) to
engage in research to identify and analyze flaws and vulnerabilities of
measures, systems or controls referred to in subsection (1) for the purpose of
advancing the state of knowledge in the field of computer system security or
assisting in the development of a computer security product, or

(c) for
a prescribed research or educational purpose.

(3) No person shall knowingly make a
ticket available for sale or facilitate the sale of a ticket if the ticket was
obtained through the use of software described in subsection (1).

(4) A primary seller shall

(a) exercise
reasonable diligence to detect the purchase of a ticket through the use of
software described in subsection (1), and

(b)cancel any ticket the primary
seller reasonably believes was purchased from the primary seller through the
use of software described in subsection (1).

2017 c18 s1(10);2018 c11
s1

Court action re
prohibited use of software

57.4(1) A ticket purchaser or ticket business that suffers damage or
loss as a result of a person’s contravention of section 57.3(1) or (3) may
commence an action in the Court of Queen’s Bench against that person for relief
from the damage or loss.

(2) In an action under this section, the
Court may

(a) order
restitution of any money or other consideration given or furnished by the plaintiff,

(b) award
the plaintiff damages in the amount of any loss suffered because of the
contravention, including exemplary or punitive damages,

(c) grant
an injunction restraining the defendant from continuing to contravene the
provision,

(d) make
an order of specific performance against the defendant, or

(e) make
any other order the Court considers appropriate.

(3) An order under subsection (2)(b) for
exemplary or punitive damages may not be made if the defendant took reasonable
precautions and exercised due diligence to avoid contravening the provision.

2017 c18 s1(10)

Provincial Court

57.5 Subject to the jurisdiction of
the Provincial Court, an action under section 57.4 may be commenced under Part
4 of the Provincial Court Act.

2017 c18 s1(10)

Regulations

57.6 The Minister may make
regulations respecting ticket sales or resales, including, without limitation,
regulations

(a) respecting
damages for the purposes of section 57.4(2);

(b) respecting
the exemption of a secondary seller or an operator of a secondary ticketing
platform or a class of secondary sellers or a class of operators of secondary
ticketing platforms from the application of all or part of section 57.2;

(c) respecting
the exemption of a primary seller or a class of primary sellers from the
application of all or part of section 57.3(4);

(d) providing
for anything that by this Part is to be prescribed by the regulations.

2017 c18 s1(10)

Part 9
Cost of Credit Disclosure

Division 1
Interpretation and Application

Definitions

58 In this Part,

(a) “advance”
means value received by the borrower within the meaning of section 59(3);

(b) “APR”
means the annual percentage rate determined in accordance with the regulations;

(c) “borrower”
means the party to a credit agreement or prospective credit agreement who
receives or will receive credit from the other party, but does not include a
guarantor;

(d) “brokerage
fee” means an amount that a borrower pays or agrees to pay to a loan broker in
consideration of the loan broker’s services in arranging or attempting to
arrange a credit agreement, and includes an amount deducted from an advance and
paid to the loan broker by the credit grantor;

(e) “business
day” means a day on which the credit grantor is open for business;

(f) “capitalized
amount” means, subject to the regulations, the cash value of the leased goods
plus the amount of any other advances made to the lessee at or before the
beginning of the term, minus the total amount of all payments made by the
lessee at or before the beginning of the term;

(g) “cash
customer” means a person who buys a product and pays for it in full before or
at the time of receiving the product;

(h) “cash
price” of a product means,

(i) for
a sale by a credit grantor or an associate of the credit grantor who sells the
product to cash customers in the ordinary course of business, an amount that
fairly represents the price for which the credit grantor or associate sells the
product to cash customers, unless the parties agree on a lower price,

(ii) for
a sale where subclause (i) does not apply, the price agreed on by the parties,
and

(iii) for
an advertisement, the price for which the advertiser currently offers to sell
the product to cash customers or, if the advertiser does not currently offer
the product to cash customers, the price stated in the advertisement,

and,
for the purpose of determining the amount advanced under a credit agreement,
includes taxes and any other charges payable by a cash customer;

(i) “cash
value” of leased goods means,

(i) where
the lessor offers like goods to cash customers in the ordinary course of
business, an amount that fairly represents the price for which the credit
grantor sells such goods to cash customers, unless the parties agree on a lower
cash value, and

(ii) where
the lessor does not in the ordinary course of business offer like goods to cash
customers, the lessor’s reasonable estimate of the amount that cash customers
would pay to buy such goods, unless the parties agree on a lower cash value;

(j) “Court”
means the Court of Queen’s Bench or, subject to the jurisdiction of the
Provincial Court, the Provincial Court;

(k) repealed
2005 c9 s28;

(l) “credit
card” means a card or device that can be used to obtain advances under a credit
agreement for open credit;

(m) “credit
grantor” means

(i) the
party to a credit agreement or prospective credit agreement who extends or will
extend credit to the other party, or

(ii) an
assignee of the rights of the original credit grantor, if the borrower has been
given notice of the assignment,

and
includes a credit card issuer;

(n) “credit
sale” means a transaction under which the purchase of a product is financed by
the seller or manufacturer of the product or by an associate of the seller or
manufacturer;

(o) “default
charge” means a charge imposed on a borrower who fails to make a payment as it
comes due under a credit agreement or who fails to comply with any other
obligation under a credit agreement, but does not include interest on an
overdue payment;

(p) “fixed
credit” means credit under a credit agreement that is not for open credit;

(q) “floating
rate” means an interest rate that bears a specified mathematical relationship
to an index rate, and includes an interest rate that

(i) is
subject to a minimum or maximum, or

(ii) is
determined at the beginning of a period for the whole period, regardless of
changes in the index rate during the period;

(r) “grace
period” means a period in which interest accrues but will be forgiven if the
borrower satisfies conditions specified in the credit agreement;

(s) “index
rate” means a rate that meets criteria prescribed by the regulations;

(u) “interest”
means charges that accrue over time and are determined by applying a rate to an
amount owing from time to time under a credit agreement;

(v) “interest‑free
period” means a period following the making of an advance during which interest
does not accrue on the advance;

(w) “lease”
means any agreement for the hire of goods, except an agreement for the hire of
goods in connection with a residential tenancy agreement;

(x) “lessee”
means a party to a lease or prospective lease;

(y) “non‑interest
finance charge” means any charge that a borrower is required to pay in
connection with a credit agreement other than

(i) interest,

(ii) a
prepayment or default charge,

(iii) a
charge for an optional service,

(iv) a
charge referred to in section 59(3)(f) or (g) or anything designated under
section 59(3)(h), or

(v) for
a credit sale, any charge that would also be payable by a cash customer;

(z) “open
credit” means credit under a credit agreement that

(i) anticipates
multiple advances, to be made when requested by the borrower in accordance with
the agreement, and

(ii) does
not establish the total amount to be advanced to the borrower under the
agreement, although it may impose a credit limit;

(aa) “optional
service” means a service that is offered to a borrower in connection with a
credit agreement and that the borrower does not have to accept in order to
enter into the credit agreement;

(bb) “outstanding
balance” means the total amount owing at a particular time under a credit
agreement;

(cc) “payment”
means value given by a borrower within the meaning of section 59(5);

(dd) “product”
means goods, services or goods and services, but does not include the extension
of credit;

(ee) “scheduled‑payments
credit agreement” means a credit agreement for fixed credit under which the
amount advanced is to be repaid in accordance with a specified schedule of
payments, which may be subject to adjustment to accommodate contingencies,
including, but not limited to, the possibility of changes in the interest rate;

(ff) “security
interest” means any interest in property that secures the borrower’s
obligations under a credit agreement;

(gg) “term”,
in relation to the duration of a credit agreement, means the period between the
first advance and the last payment anticipated by the agreement;

(2) The total cost of credit is the
difference between the value received or to be received by the borrower in
connection with a credit agreement and the value given or to be given by the
borrower in connection with the credit agreement, disregarding the possibility
of prepayment or default.

(3) Subject to subsection (4), the
following constitute value received or to be received by a borrower in
connection with a credit agreement:

(a) money
transferred by the credit grantor to the borrower or to the order of the
borrower;

(b) the
cash price of a product purchased by the borrower from the credit grantor;

(c) the
cash value of leased goods under a lease;

(d) the
payment, discharge or consolidation by the credit grantor of a pre-existing
monetary obligation of the borrower, the value received by the borrower being
the amount of the obligation so paid, discharged or consolidated;

(e) the
use of a credit card to obtain money or a product, the value received by the
borrower being the money obtained or the cash price of the product;

(f) a
charge for any of the following expenses, if the credit grantor incurs the
expense for the purpose of arranging, documenting, insuring or securing a
credit agreement and then charges the expense to the borrower:

(i) a
fee paid to a third party to record or register a document or information in,
or to obtain a document or information from, a public registry of interests in
real or personal property;

(ii) a
fee for professional services required for the purpose of confirming the value,
condition, location or conformity to law of property that serves as security
for a credit agreement, if the borrower is given a report signed by the person
providing the professional services and is free to give the report to third
persons;

(iii) a
premium for insurance that protects the credit grantor against the risk of
default on a high‑ratio mortgage, as defined by regulation;

(iv) a
premium for casualty insurance on the subject‑matter of a security
interest, if the borrower is a beneficiary of the insurance and the insured
amount is the full insurable value of the subject‑matter;

(g) a
fee charged by the credit grantor for maintenance of a tax account on a high‑ratio
mortgage, as defined by regulation;

(h) anything
designated by the regulations as value received by the borrower for the
purposes of this subsection.

(4) The following do not constitute
value received or to be received by the borrower unless they relate to an
optional service, an expense or fee referred to in subsection (3)(f) or (g) or
something designated under subsection (3)(h):

(a) insurance
provided or paid for by the credit grantor in connection with a credit
agreement;

(b) money
paid, an expense incurred or anything done by the credit grantor for the
purpose of arranging, documenting, securing, administering or renewing a credit
agreement.

(5) The following constitute value given
or to be given by a borrower in connection with a credit agreement:

(a) money
or property transferred from the borrower to the credit grantor for any purpose
in connection with the credit agreement;

(b) money
or property transferred from the borrower to a person other than the credit
grantor in respect of a charge for services that the credit grantor requires
the borrower to obtain or pay for in connection with the credit agreement,
unless the charge

(i) is
for an expense to which subsection (3)(f) or regulations under subsection
(3)(h) would have applied if it had been incurred initially by the credit
grantor and then charged by the credit grantor to the borrower,

(ii) is
for services provided by a lawyer chosen by the borrower, or

(iii) is
for title insurance provided by an insurer chosen by the borrower.

(6)
Despite subsections (3) and (5), amounts paid into or out of a tax account for
a mortgage loan are ignored when calculating the APR and total cost of credit.

1998 cF‑1.05 s59

Application

60(1) In this section, “borrower”, “credit grantor” and “credit
agreement” include a lessee, lessor and lease, respectively.

(2) This Part applies to a loan or lease
made by ATB Financial and to a loan made by the Alberta Social Housing
Corporation or its predecessors.

(3) Subject to subsections (4) and (5)
and the regulations, this Part applies to a credit agreement if

(a) the
borrower is an individual who enters into the credit agreement primarily for
personal, family, household or farming purposes, and

(b) either,

(i) the
credit grantor enters into the agreement in the course of carrying on a
business, or

(ii) the
credit agreement is arranged by a loan broker.

(4) For the purposes of subsection
(3)(a), a credit grantor is entitled to rely on a statement in a credit
agreement or other document regarding the purpose for which a borrower enters
into a credit agreement, if the statement is signed by the borrower and the
credit grantor believes in good faith that the statement is true.

(5) This Part does not apply to a credit
sale where all of the following occur:

(a) the
credit sale anticipates payment in full for the product in a single payment
within a certain period after a written invoice or statement of account is
delivered to the buyer,

(b) the
credit sale is unconditionally interest‑free during the period for
payment referred to in clause (a),

(c) the
credit sale is unsecured, apart from any lien on the product that may arise by
operation of law,

(d) the
credit sale is not assigned in the ordinary course of the credit grantor’s
business otherwise than as security, and

(e) the credit sale does
not provide for any non‑interest finance charges.

RSA 2000 cF‑2
s60;2017 c22 s18

Division 2
Disclosure

Definition

61 In sections 62 to 67, “borrower”, “credit
grantor” and “credit agreement” include a lessee, lessor and lease, respectively.

1998 cF‑1.05 s61

Requirement to disclose

62(1) Every credit grantor must, in the form and manner provided
by this Part and the regulations, disclose to borrowers the information that
this Part and the regulations require to be disclosed.

(2) Every
credit grantor must, with respect to any advertisement published or made by or
on behalf of the credit grantor, disclose in the advertisement, in the form and
manner provided by this Part and the regulations, the information that this Part
and the regulations require to be disclosed.

1998 cF‑1.05 s62

Form of disclosure
statements

63(1) Where this Part or the regulations require a disclosure to
be made in a disclosure statement, the disclosure statement

(a) must
be in writing and prepared in duplicate or, with the borrower’s consent, in any
similar form that will allow the borrower to retain a copy of the disclosure
statement for future reference, and

(b) must
express the required information clearly, concisely, in a logical order and in
a manner that is likely to bring the information to the borrower’s attention.

(2) A
disclosure statement may be a separate document or part of another document.

RSA 2000 cF‑2
s63;2005 c9 s29

Time at which disclosure
statement to be delivered

64(1) The credit grantor must deliver the initial disclosure
statement for a credit agreement other than a mortgage loan to the borrower
before the earlier of the following occurs:

(a) the
borrower enters into the credit agreement;

(b) the
borrower makes any payment in connection with the credit agreement.

(2) The credit grantor must deliver the
initial disclosure statement for a mortgage loan to the borrower at least 2
business days before the earlier of the following occurs:

(a) the
borrower incurs any obligation to the credit grantor in connection with the
mortgage loan, other than an obligation in respect of a charge referred to in
section 59(3)(f) or prescribed by regulation for the purposes of this clause;

(b) the
borrower makes any payment to the credit grantor in connection with the
mortgage loan, other than a payment in respect of a charge referred to in
section 59(3)(f) or prescribed by regulation for the purposes of this clause.

(3) When
authorized by the regulations, the time period referred to in subsection (2)
may be waived in accordance with terms and conditions set out in the
regulations.

1998 cF‑1.05 s64

Delivery of disclosure
statements

65(1) Where there is more than one borrower under a credit
agreement, a disclosure statement or other document that is required to be
delivered to the borrowers may be delivered to any of the borrowers, and it is
unnecessary to deliver a separate copy to each borrower.

(2) A
document sent by ordinary mail to a borrower at the mailing address provided by
the borrower to the credit grantor is considered, in the absence of evidence to
the contrary, to have been delivered to the borrower 7 days after it was sent.

1998 cF‑1.05 s65

Fees, Charges and
Optional Services

Required insurance

66(1) A borrower who is required by a credit grantor to purchase
any insurance may purchase it from any insurer who may lawfully provide that
type of insurance, except that the credit grantor may reserve the right to
disapprove, on reasonable grounds, an insurer selected by the borrower.

(2) A
credit grantor who offers to provide or to arrange insurance referred to in
subsection (1) must at the same time clearly disclose to the borrower in
writing that the borrower may purchase the required insurance through an
insurance agent and from an insurer of the borrower’s choice.

RSA 2000 cF‑2
s66;RSA 2000 cI‑3 s855

Cancellation of optional
services

67(1) A borrower may cancel an optional service of a continuing
nature that is provided by the credit grantor or an associate of the credit
grantor on giving 30 days’ notice, or any shorter period of notice that is
provided for by the agreement under which the service is provided.

(2) A borrower who cancels an optional
service in accordance with subsection (1)

(a) is
not liable, and

(b) is
entitled to a refund of any amount already paid,

for charges relating to any portion of the service that has
not been provided at the time of cancellation.

1998 cF‑1.05 s67

Prepayment of
non-mortgage credit

68(1) This section does not apply to mortgage loans.

(2) A borrower is entitled to pay the
full outstanding balance under a credit agreement at any time without any
prepayment charge or penalty.

(3) Where a borrower prepays the full
outstanding balance under a credit agreement for fixed credit, the credit
grantor must refund or credit the borrower with a portion of any non-interest
finance charge that was paid by the borrower or was added to the outstanding
balance of the credit agreement.

(4) The portion of each non‑interest
finance charge that must be refunded or credited to the borrower under
subsection (3) is to be determined in accordance with the regulations.

(5) A
borrower is entitled to prepay a portion of the outstanding balance of a credit
agreement for fixed credit on any scheduled payment date or at least monthly
without any prepayment charge or penalty, but is not entitled by reason of the
payment to a credit for any non‑interest finance charges.

1998 cF‑1.05 s68

Default charges

69 The only default charges that may
be provided for by a credit agreement are

(a) reasonable
charges in respect of legal costs incurred in collecting or attempting to
collect a payment under a credit agreement,

(b) reasonable
charges in respect of costs, including legal costs, incurred in realizing a
security interest or protecting the subject‑matter of a security interest
after default, and

(c) reasonable charges that
reflect the costs incurred by the credit grantor because a cheque or other
payment instrument given by the borrower to the credit grantor was dishonoured.

1998 cF‑1.05
s69;1999 c26 s8

Invitation to defer
payment

70(1) Where a credit grantor invites a borrower to defer making a
payment that would otherwise be due under a credit agreement, the invitation
must clearly disclose whether interest will accrue on the amount of the
deferred payment during the period during which payment is deferred.

(2) Where
an invitation referred to in subsection (1) does not disclose whether interest
will accrue on the amount of the deferred payment during the period during
which payment is deferred, the credit grantor is deemed to waive the interest
that would otherwise accrue during that period.

RSA 2000 cF‑2
s70;2005 c9 s30

Acceleration clauses

71(1) Despite anything in a credit agreement, where the credit
agreement contains a provision to the effect that on default by the borrower or
on the occurrence of any other event, and whether or not at the option of the
credit grantor, the whole or part of the outstanding balance becomes immediately
payable or is otherwise accelerated,

(a) the
whole or part of the outstanding balance does not become payable or otherwise
accelerated, and

(b) any
rate of interest made specially applicable to the outstanding balance does not
become effective,

until written notice
of the default or other event is sent by registered mail to the borrower at the
borrower’s latest address as shown on the records of the credit grantor or is
served personally on the borrower.

(2) Despite subsection (1), where the
credit grantor sends a notice by registered mail to the borrower at the
borrower’s latest address as shown on the records of the credit grantor,

(a) the
whole or part of the outstanding balance does not become payable or otherwise
accelerated, and

(b) any
rate of interest made specially applicable to the outstanding balance does not
become effective,

until 10 days has elapsed from the date that the notice was
sent to the borrower.

1998 cF‑1.05 s71

Credit Arranged by Loan
Brokers

Non-business credit
grantors

72(1) This section applies where a loan broker arranges a credit
agreement involving a credit grantor who does not enter into the credit
agreement in the course of carrying on a business.

(2) Any provision of this Part or the
regulations that imposes a duty on a credit grantor is to be read as imposing
the duty on the loan broker, rather than on the credit grantor.

(3) Where the borrower pays or is liable
to pay a brokerage fee, the initial disclosure statement for the credit
agreement must

(a) disclose
the amount of the brokerage fee, and

(b) account for the
brokerage fee in the APR and the total cost of credit.

1998 cF‑1.05 s72

Business credit grantors

73(1) This section applies where a loan broker arranges a credit
agreement involving a credit grantor who enters into the credit agreement in
the course of carrying on a business.

(2) Where the credit grantor deducts a
brokerage fee from an advance, the credit grantor’s initial disclosure
statement must

(a) disclose
the amount of the brokerage fee, and

(b) account
for the brokerage fee in the APR and the total cost of credit.

(3) A loan broker who takes a loan
application from a borrower and forwards it to a credit grantor must give the
borrower a disclosure statement containing the information referred to in
subsection (2) and any other information required by this Part and the
regulations to be disclosed in an initial disclosure statement.

(4)
Where a loan broker is required by subsection (3) to give the borrower a
disclosure statement, the credit grantor may adopt the disclosure statement
given by the loan broker as its own disclosure statement or may elect to
deliver a separate disclosure statement to the borrower that contains the
required information.

1998 cF‑1.05 s73

Division 3
Fixed Credit

General

Application

74 This Division applies only to
credit agreements that extend fixed credit.

1998 cF‑1.05 s74

Credit sales

75 A credit grantor may not enter
into a credit sale unless the credit sale is a scheduled‑payments credit
agreement.

1998 cF‑1.05 s75

Advertising for fixed
credit

76(1) Every advertisement that offers credit and that states the
interest rate or amount of any payment must disclose the information provided
by the regulations.

(2) An advertisement that states or
implies that no interest is payable for a certain period in respect of a
transaction must, in the form and manner referred to in the regulations,
disclose the information prescribed by the regulations.

(3) An
advertisement to which subsection (2) applies that does not, in the form and
manner referred to in the regulations, disclose the information required under
subsection (2) is deemed to represent that the transaction is unconditionally
interest‑free during the relevant period.

1998 cF‑1.05 s76

Disclosure Statements

Initial disclosure
statement for fixed credit

77 The initial disclosure
statement for a credit agreement must disclose the information prescribed by
the regulations.

1998 cF‑1.05 s77

Changes in interest rate

78(1) Where the interest rate under a credit agreement is a
floating rate, the credit grantor must, at least once every 12 months, deliver
to the borrower a disclosure statement containing the information prescribed by
the regulations for the period covered by the statement.

(2) Where the interest rate may be changed
but is not a floating rate, the credit grantor must, within 30 days after
increasing the annual interest rate to a rate that is at least 1% higher than
the rate most recently disclosed to the borrower, deliver to the borrower a
disclosure statement containing the information prescribed by the regulations.

(3) Where,
as a result of an increase in the outstanding principal because of a missed or
late payment or the imposition of a default charge, the scheduled payments
under a scheduled‑payments credit agreement will not cover interest that
will accrue between payments, the credit grantor must give the borrower notice
in writing to that effect within 30 days after the outstanding principal
increases.

1998 cF‑1.05 s78

Disclosure regarding
amendments

79(1) If information disclosed in an earlier disclosure statement
changes because of an amendment to a credit agreement, the credit grantor must
deliver a supplementary disclosure statement to the borrower within 30 days
after the amendment is made.

(2) The supplementary disclosure
statement must provide the changed information but need not repeat any
information that is unchanged from the earlier disclosure statement.

(3) Where an amendment consists only of
a revision to the schedule of payments, the supplementary disclosure statement
need not disclose any change to the APR or any decrease in the total cost of
credit or total payments.

(4) This
section does not apply to changes effected by a renewal agreement to which
section 80 or 81 applies.

1998 cF‑1.05 s79

Disclosure where
mortgage loan renewed

80(1) Where the amortization period for a mortgage loan under a
scheduled‑payments credit agreement is longer than its term, the credit
grantor must, at least 21 days before the end of the term, deliver to the
borrower a written notice stating whether or not the credit grantor is willing
to renew the loan for a further term.

(2) A credit grantor who is willing to
renew a mortgage loan must include with the notice referred to in subsection
(1) a disclosure statement that contains the information prescribed by the
regulations.

(3) Where the terms of the renewal
agreement differ from the terms contemplated in the disclosure statement
because

(a) the
outstanding balance on the renewal date differs from what was stated in the
disclosure statement because of one or more missed, late, early or extra
payments,

(b) the
interest rate under the renewal agreement is lower than was stated in the
disclosure statement, or

(c) the
amortization period or frequency of payments under the renewal agreement
differs from what was stated or assumed,

or because of any
combination of such events, the credit grantor must deliver a revised
disclosure statement to the borrower within 30 days after the effective date of
the renewal agreement.

(4) Subject to subsection (3), where a
credit grantor does not provide a disclosure statement that reflects the actual
terms of the renewal agreement to the borrower at least 21 days before the
effective date of a renewal agreement, the borrower

(a) is
entitled to prepay the outstanding balance of the renewed mortgage loan without
penalty at any time within 21 days after receiving the disclosure statement,
and

(b) on exercising that
right, is entitled to a refund of any non-interest finance charges imposed in
connection with the renewal.

1998 cF‑1.05 s80

Renewal of non-mortgage
loan

81 When fixed credit other than a
mortgage loan is renewed, the credit grantor must deliver to the borrower on or
before the renewal date a disclosure statement containing the information
prescribed by the regulations.

1998 cF‑1.05 s81

Division 4
Open Credit

General

Application

82 This Division applies only to
credit agreements that extend open credit.

1998 cF‑1.05 s82

Advertising for open
credit

83(1) An advertisement that gives any specific information about
the cost of credit must disclose the information prescribed by the regulations.

(2) An advertisement that states or
implies that no interest is payable for a certain period in respect of a
transaction under a credit agreement must, in the form and manner referred to
in the regulations, disclose the information prescribed by the regulations.

(3)
An advertisement to which subsection (2) applies that does not, in the form and
manner referred to in the regulations, disclose the information required under
subsection (2) is deemed to represent that the transaction is unconditionally
interest‑free during the relevant period.

1998 cF‑1.05 s83

Initial disclosure
statement

84 The initial disclosure
statement for a credit agreement must disclose the information prescribed by
the regulations.

1998 cF‑1.05 s84

Statement of account

85(1) Subject to subsection (2), the credit grantor must deliver a
statement of account to the borrower at least monthly.

(2) A credit grantor is not required to
send a statement of account to a borrower at the end of any period during which
there have been no advances or payments where

(a) the
outstanding balance is zero, or

(b) the
borrower is in default and has been notified that the privilege of obtaining
advances under the agreement has been cancelled or suspended and the credit
grantor has demanded payment of the outstanding balance.

(3) The credit grantor must provide a
telephone number at which the borrower can make inquiries about the borrower’s
account during the credit grantor’s ordinary business hours without incurring
any charges for the call.

(4) A statement of account must disclose
the information prescribed by the regulations.

(5) A credit grantor who, pursuant to the
agreement, changes the interest rate under the agreement shall deliver a
disclosure statement to the borrower disclosing the change

(a) in
the next statement of account after the change, in the case of a credit
agreement that is not for a credit card, and

(b) at
least 30 days before the change, in the case of a credit agreement that is for
a credit card where the interest rate is not a floating rate.

(6) A credit grantor who, pursuant to
the agreement, changes any of the information prescribed under section 84 other
than the interest rate under the agreement shall deliver a disclosure statement
to the borrower disclosing the change

(a) in
the next statement of account after the change if the change is not a material
change, as prescribed, and

(b) at least 30 days before
the change if the change is a material change, as prescribed.

RSA 2000 cF‑2
s85;2005 c9 s31

Credit Cards

No unsolicited credit
cards

86(1) A credit card issuer must not issue a credit card to a
person who has not applied for the card.

(2) Subsection
(1) does not apply to a credit card that is issued to a person to replace or
renew a card that was applied for and issued to that person.

1998 cF‑1.05 s86

Application for credit
card

87(1) A credit card issuer must disclose in an application form
for a credit card the information prescribed by the regulations.

(2) A person who applies for a credit
card without signing an application form is considered to enter into a credit
agreement in relation to that card on using the card for the first time.

(3)
Nothing in this section relieves the credit card issuer from the requirement to
deliver an initial disclosure statement in accordance with sections 64(1) and
84.

1998 cF‑1.05 s87

Additional disclosure
for credit card

88(1) In addition to the applicable information required to be
disclosed under section 84, a credit card issuer must disclose in the initial
disclosure statement for open credit associated with a credit card the card
holder’s maximum liability for unauthorized use of the credit card if it is
lost or stolen.

(2) The credit card issuer must give the
card holder at least 30 days’ notice of any change in the information disclosed
in a disclosure statement.

(3) Subsection (2) does not apply to

(a) a
change in the credit limit,

(b) a
decrease in the interest rate or the amount of any other charge,

(c) an
increase in the length of an interest‑free period or grace period, or

(d) a
change in a floating rate,

but the relevant information must be disclosed in the next
statement of account following the change or in a document that is given to the
borrower with the next statement of account.

1998 cF‑1.05 s88

Limitation of liability

89(1) A card holder is not liable for a debt incurred through the
unauthorized use of a lost or stolen credit card after the credit card issuer
receives notice of the loss or theft.

(2) A notice under subsection (1) may be
oral or in writing.

(3) The maximum total liability of a
card holder arising from unauthorized use of a lost or stolen credit card
before the issuer receives notice under subsection (1) is the lesser of

(a) $50,
and

(b) the
amount fixed or agreed to by the credit card issuer as the maximum amount for
which the card holder is liable in the event of the unauthorized use of the
card after its loss or theft.

(4) Subsection
(3) does not apply to a transaction prescribed by regulation.

1998 cF‑1.05 s89

Division 5
Leases of Goods

Definitions

90 In this Division,

(a) “estimated
residual value” means the lessor’s reasonable estimate of the wholesale value
of the leased goods at the end of the lease term;

(b) “residual
obligation lease” means a lease under which the lessee may be required at the
end of the lease term to pay the lessor an amount based wholly or partly on the
difference, if any, between the estimated residual value and the realizable
value of the leased goods;

(c) “term”, in relation to
the duration of a lease, means the period during which the lessee is entitled
to retain possession of the leased goods.

1998 cF‑1.05 s90

Application of Division

91 This Division applies to a
lease if the lease

(a) is
for a fixed term of 4 months or more,

(b) is
for an indefinite term or is renewed automatically until one of the parties
takes positive steps to terminate it, or

(c) is a residual
obligation lease.

1998 cF‑1.05 s91

Advertisements

92 An advertisement that gives
any specific information about the cost of a lease must disclose the
information prescribed by the regulations.

1998 cF‑1.05 s92

Disclosure statement for
lease

93 The initial disclosure
statement for a lease must disclose the information prescribed by the
regulations.

1998 cF‑1.05 s93

Residual obligation
leases

94 The lessee’s maximum liability
at the end of the term of a residual obligation lease after returning the
leased goods to the lessor is to be calculated in accordance with the
regulations.

1998 cF‑1.05 s94

Division 6
Compliance

Interpretation

95(1) In this Division, “borrower”, “credit grantor” and “credit
agreement” include a lessee, lessor and lease, respectively, and “credit
grantor” also includes a loan broker.

(2) For the purposes of this Division, a
credit grantor is considered to have a compliance procedure if the credit
grantor

(a) requires
its employees and agents to follow procedures, or has implemented automated
procedures, designed to ensure that borrowers receive the information to which
they are entitled at the time and in the form required by this Part, and

(b) monitors the
effectiveness of the measures referred to in clause (a) and promptly remedies
any deficiencies it discovers in their design or implementation.

1998 cF‑1.05 s95

Recovery of payments and
compensation

96(1) Despite any agreement to the contrary, where a borrower
makes a payment to a credit grantor that by virtue of this Part the credit
grantor is not entitled to receive, the credit grantor must refund the payment
to the borrower or, if the parties agree, credit the payment against the
outstanding balance of the relevant credit agreement as of the time the payment
was made.

(2) A
credit grantor who contravenes this Part or the regulations must compensate a
borrower for any loss the borrower suffers because of the contravention, and
the compensation to which the borrower is entitled may be set off against the
outstanding balance of the relevant credit agreement or may be recovered in an
action.

1998 cF‑1.05 s96

Inconsistency between
disclosure statement and contract

97 If information in a disclosure
statement is inconsistent with any information or term set out in the credit
agreement, the credit agreement is presumed to incorporate the information or
term that is more favourable to the borrower, unless it is proved that the less
favourable information or term reflects the borrower’s actual understanding of
the terms of the agreement.

1998 cF‑1.05 s97

Statutory damages

98(1) A contravention of this Part or the regulations by a credit
grantor is an excusable error for the purposes of this section if

(a) the
credit grantor had a compliance procedure when the contravention occurred,

(b) the
contravention was accidental or the result of an employee’s or agent’s failure
to follow the compliance procedure, and

(c) on
discovering the contravention, the credit grantor promptly took steps to
minimize its effect on any affected borrower.

(2) Where a credit grantor contravenes
this Part or the regulations in relation to a credit agreement and the
contravention is not an excusable error, the borrower is entitled, in addition
to any other remedy to which the borrower may be entitled under this Part, to
recover from the credit grantor in an action the statutory damages provided for
by this section.

(3) Subject to subsection (4), the
statutory damages for a contravention of this Part or the regulations are the
lesser of $500 and 5% of whichever of the following is applicable:

(a) for
a credit agreement for fixed credit, the maximum outstanding balance;

(b) for
a lease, the capitalized amount;

(c) for
a credit agreement for open credit, the credit limit,

except that the
statutory damages are $500 for open credit that does not specify a credit
limit.

(4) Where a contravention of this Part
or the regulations relates to a statement of account for open credit, the
statutory damages are equal to the interest and any non‑interest finance
charges for the period covered by the statement of account.

(5) The Court may reduce the statutory
damages to which a borrower would otherwise be entitled under this section if
the Court is satisfied in view of all the circumstances, including any undertakings
as to future compliance with this Part or the regulations that are given by the
credit grantor, that it would be just and equitable to do so.

(6) Statutory
damages to which a borrower is entitled may be set off against any amount
otherwise payable by the borrower to the credit grantor.

1998 cF‑1.05 s98

Exemplary damages

99 The Court may award exemplary
damages to a borrower against a person who has deliberately contravened this
Part or the regulations or in any case where the Court considers that the
conduct of a person who has contravened this Part or the regulations justifies
an award of exemplary damages against that person.

1998 cF‑1.05 s99

Assignee

100(1) Except as otherwise provided in this section, a borrower may
assert against a person to whom the rights of a credit grantor have been
assigned any rights or remedies under section 96, 97 or 98 that the borrower
could have asserted against the original credit grantor immediately before
receiving notice of the assignment.

(2) The assignee’s maximum liability
under any of the provisions referred to in subsection (1) is limited to the
outstanding balance at the time of the assignment, or the proportion of the
outstanding balance that is assigned to the assignee.

(3) An assignee incurs no liability
under this section for a credit grantor’s contravention of this Part or the
regulations unless

(a) the
assignee knew of the contravention before the borrower received notice of the
assignment,

(b) the
contravention consists of the credit grantor’s failure to deliver a disclosure
statement to the borrower when required by this Part or the regulations, or

(c) the
contravention is apparent on the face of a disclosure statement, or by
comparing the disclosure statement with the written terms of the credit
agreement.

(4) An
assignee is entitled to rely in good faith on a borrower’s signed
acknowledgment of receipt of a disclosure statement.

1998 cF‑1.05 s100

Division 7
Regulations

Regulations

101(1) The Minister may make regulations

(a) respecting
the criteria in determining what constitutes an interest rate;

(b) respecting
the calculation of the APR for the purposes of credit agreements and leases;

(c) defining
“high‑ratio mortgage” for the purposes of section 59(3)(f)(iii) and (g);

(d) designating
what is value received by a borrower for the purposes of section 59(3)(h);

(e) respecting
terms and conditions for the waiver of the time period referred to in section
64(2);

(f) respecting,
in addition to the requirements set out in this Part,

(i) the
form of disclosure statements and the form of disclosure in advertisements,

(ii) information
to be disclosed in a disclosure statement or advertisement, and

(iii) the
manner in which information may be disclosed under this Act and the
regulations;

(g) respecting
the form and manner in which information referred to in sections 76 and 83 must
be disclosed in an advertisement;

(h) respecting
the manner in which a refund referred to in section 67(2)(b) may be determined;

(i) determining
the portion of each non‑interest finance charge that must be refunded or
credited to the borrower under section 68(4);

(j) respecting
what constitutes reasonable charges for the purpose of section 69;

(k) respecting
the information that must be disclosed for the purposes of sections 76(1) and
(2), 77, 78(1) and (2), 80(2), 81, 83(1) and (2), 84, 85(4) and (6), 87(1) and
(3), 92 and 93;

(l) respecting
the transactions to which section 89(3) does not apply;

(m) respecting,
for the purposes of section 94, the calculation of a lessee’s maximum liability
at the end of the term of a residual obligation lease after returning the
leased goods to the lessor;

(n) restricting
or broadening the definition of “capitalized amount”;

(o) defining
any term or expression not otherwise defined in this Part;

(p) respecting
the early termination of leases, including the early exercise of purchase
options, and, in particular, limiting the compensation or penalties payable by
a lessee on the early termination of a lease;

(q) respecting
the terms and conditions applicable to reverse mortgages.

(2) The
Lieutenant Governor in Council may make regulations respecting the exemption of
any class of advertisement, credit agreement, credit grantor, loan broker,
lease or lessor from the application of this Part or the regulations or of any
provision of this Part or the regulations.

RSA 2000 cF‑2
s101;2005 c9 s32

Part 10
Designated Trades and Businesses

Definitions

102 In this Part,

(a) “designated
agent” means a person who is appointed as a designated agent pursuant to the
regulations;

(b) “designated business”
means a trade, business, industry, employment or occupation to which this Part
is made applicable by regulation under section 103.

1998 cF‑1.05 s102

Application of Part

103(1) The Lieutenant Governor in Council may, by regulation,
provide that this Part applies to the whole or a part of a trade, business,
industry, employment or occupation designated in the regulations.

(2) The Lieutenant Governor in Council
may not designate the following:

(a) trades,
businesses, industries, employments and occupations that are licensed pursuant
to the Gaming, Liquor and Cannabis Act or the Film and Video
Classification Act;

104(1) No person may engage in a designated business unless the
person holds a licence under this Act that authorizes the person to engage in
that business.

(2) If required to do so by the
applicable regulation, a person who engages in a designated business at more
than one location must hold a separate licence issued under this Act for each
location that authorizes the person to engage in that business.

RSA 2000 cF‑2
s104;2005 c9 s33

Regulations

105(1) The Minister may make regulations

(a) specifying
activities that constitute engaging in a designated business for the purposes
of this Act;

(b) prescribing
fees payable by or in respect of designated agents;

(c) respecting
the duties and obligations of persons engaged or employed in a designated
business;

(d) requiring
persons engaged or employed in a designated business to appoint designated
agents as their representatives and respecting the eligibility requirements,
duties and obligations of designated agents;

(e) prescribing
or adopting, with or without modification, codes, standards or rules governing

(i) the
manner of carrying on a designated business or class of designated business,

(ii) experience
and education requirements and requirements as to financial responsibility of
persons carrying on or wishing to carry on a designated business,

(iii) the
type and condition of premises and equipment used in a designated business, and

(iv) the
conduct of persons engaged in carrying on a designated business;

(f) respecting
the manner of informing members of the public of

(i) any
sale of or dealing with goods, products or services of a designated business,
and

(ii) contraventions
of this Part;

(g) respecting
terms and conditions for a designated business or class of designated business
that has contravened this Part or the regulations made under this Part to
continue operating as a business under this Part;

(h) prescribing
in respect of any designated business or class of designated business that the
approval of any authority specified by the Minister is required for the
obtaining of a licence or the renewal of a licence or the establishment of that
business or class of business;

(i) prescribing
as to any designated business or class of designated business the information
to be contained in agreements used by persons carrying on or engaged in that
business in their dealings with the public;

(j) requiring
in respect of any designated business or class of designated business that
specified accounts and records be maintained by persons carrying on or engaged
in that business.

(2) The
Minister may, by order, delegate in whole or in part to any other head of a
department of the Public Service the power to make any regulations under this
Part that the Minister is empowered to make, and the Minister may, by order,
authorize another department to make any inspections of any business for the
purposes of this Part.

1998 cF‑1.05 s105

Codes respecting
competitive practices

106(1) The Minister may establish or adopt codes that establish
standards of ethics, methods, practices and systems applicable to any
designated business or class of designated business to effect an end to or to
prevent competitive practices that are, by their nature, detrimental either to
the business, to persons employed in the business or to the public.

(2) The Minister must ensure that any
code established or adopted under subsection (1) is published in The Alberta
Gazette.

(3) The
Regulations Act does not apply to a code established or adopted under
subsection (1).

1998 cF‑1.05 s106

Compliance with code

107 The principals, directors, managers and
employees of a designated business that is subject to a code under section 106
must comply with the code.

1998 cF‑1.05 s107

Municipal licences

108 No municipality or Metis settlement may issue a
licence for the carrying on of a designated business unless the applicant for
the licence holds a licence issued under this Act in respect of that business.

1998 cF‑1.05 s108

Part 10.1
Automotive Sales and Repairs

Definitions

108.1 In this Part,

(a) “automotive
business” means the business designated as the automotive business under the
Designation of Trades and Businesses Regulation (AR 178/99);

(b) “automotive
business operator” means a person who is engaged in the automotive business;

(c) “consumer”
means

(i) an
individual who receives or has the right to receive goods or services for
personal use from an automotive business operator as a result of a purchase,
lease, gift, contest or other arrangement, but does not include an individual
who intends to sell the goods after receiving them, or

(ii) a
business with a commercial fleet of 5 or fewer vehicles that receives or has
the right to receive goods or services for business use from an automotive
business operator as a result of a purchase, lease, gift, contest or other
arrangement, but does not include a business that intends to sell the goods
after receiving them;

(d) “vehicle”
means a vehicle as defined in the Automotive Business Regulation (AR 192/99).

2017 c18 s1(11)

Disclosure, standard
bill of sale, warranties, estimates,
authorization of work

108.2(1) An automotive business operator engaged in automotive sales
shall disclose specified information to each consumer in accordance with the
regulations.

(2) An automotive business operator
engaged in automotive sales shall use a standard bill of sale in accordance
with the regulations.

(3) An automotive business operator
engaged in automotive repairs shall provide a warranty in accordance with the
regulations.

(4) An automotive business operator
engaged in automotive repairs shall, on request from the customer, provide an
estimate of the cost of proposed work in accordance with the regulations.

(5) An automotive business operator
engaged in automotive repairs shall not conduct specified work unless the
consumer has provided authorization as required in the regulations.

2017 c18 s1(11)

Regulations

108.3 The Minister may make
regulations respecting the practices of automotive business operators,
including, without limitation, regulations

(a) providing
for anything that by this Part is to be prescribed by the regulations;

(ii) respecting
terms, conditions and standards to be included in warranties;

(f) respecting
requirements for estimates of the cost of work to be performed by automotive
business operators engaged in automotive repairs, including, without
limitation, requirements for estimates to be in writing;

(g) respecting
authorization by consumers for work to be performed by automotive business
operators engaged in automotive repairs, including, without limitation,
requirements for authorizations to be time‑stamped;

(h) exempting
a vehicle or class of vehicle from the operation of all or part of this Part.

2017 c18 s1(11)

Part 11
Collection Practices

Definitions

109 In this Part,

(a) “collection
agency” means a person, other than a collector, who carries on the activities
prescribed by regulation;

(b) “collector”
means an individual employed or authorized by a collection agency to carry on
the activities prescribed by regulation on behalf of the collection agency.

RSA 2000 cF‑2
s109;2005 c9 s34

Exemptions

110(1) This Part, except section 117, does not apply

(a) to
an insurer licensed under the Insurance Act, to an insurance agent who
holds an insurance agent’s certificate of authority under the Insurance Act
or to an adjuster who holds an adjuster’s certificate of authority under the Insurance
Act or to the employees of any of them acting in the regular course of
their employment,

(b) to
an assignee, custodian, liquidator, receiver, trustee or other person licensed
or acting under the Bankruptcy and Insolvency Act (Canada), the Canada
Business Corporations Act (Canada), the Companies Act, the Business
Corporations Act, the Cooperatives Act, the Judicature Act,
the Personal Property Security Act or the Winding‑up and
Restructuring Act (Canada) or to a person acting under a debenture or the
order of any court, or

(c) to
an industry member within the meaning of the Real Estate Act or to the
employees of an industry member acting in the regular course of their
employment.

(2) This Part does not apply to lawyers
who are acting in the practice of their profession or to a civil enforcement
bailiff or civil enforcement agency while realizing on a security.

(3) This
Part or any provision of this Part does not apply to any person or class of
persons designated by the regulations as a person or class of persons exempt
from the operation of this Part or that provision.

RSA 2000 cF‑2
s110;RSA 2000 cI‑3 s855;2001 cC‑28.1 s451

Licence required

111(1) No person may carry on the activities of a collection agency
unless the person is the holder of a collection agency licence issued under
this Act.

(2) No person may act as a collector for
a collection agency unless the person is the holder of a collector’s licence
issued under this Act.

(3) No collection agency may employ or
authorize any person to be a collector unless that person is the holder of a
collector’s licence.

(4) No
person may claim or advertise that the person is a collector or carries on the
activities of a collection agency unless the person holds a collector’s licence
or a collection agency licence, as the case may be.

RSA 2000 cF‑2
s111;2005 c9 s35

Suspension and
cancellation of licence

112 The licence of a collector

(a) is
cancelled when the person who holds the licence ceases to be employed or
authorized by a collection agency to act as a collector, and

(b) is suspended or
cancelled, as the case may be, on the suspension or cancellation of the
collection agency licence of the collection agency that employed or authorized
the person to act as a collector.

1998 cF‑1.05 s112

113 Repealed
2005 c9 s36.

Statement of account

114(1) Every collection agency must, on the written request of a
debtor, provide to the debtor a statement of account that shows the amounts
received and paid out by the agency in respect of the debtor and the amount
owing by the debtor at the date of the statement.

(2) A
collection agency does not have to provide the statement of account more frequently
than once every 6 months.

1998 cF‑1.05 s114

115 and 116 Repealed 2005 c9 s37.

Withdrawal of accounts

117 No person may place an account
for collection with a collection agency without first withdrawing in writing
any previous placement of that account with any other collection agency.

1998 cF‑1.05 s117

Regulations

118 The Minister may make
regulations

(a) designating
any person or any class of persons as exempt persons for the purpose of section
110(3);

(b) specifying
what constitutes carrying on the activities of a collection agency for the
purposes of this Act;

(c) respecting
receipts under this Part;

(d) respecting
the creation, maintenance and providing of audits, records or reports;

(e) respecting
advertising by collection agencies and collectors;

(f) governing
the fees, commissions or disbursements charged by any collection agency or
class of collection agency in performing its services;

(h) respecting
the activities that may be carried on by a collection agency or a collector;

(i) defining words or
terms, including regulations restricting or broadening the definitions of
collection agency and collector.

RSA 2000 cF‑2
s118;2005 c9 s38

Part 12
Public Auctions

Definitions

119 In this Part,

(a) “auction
sales business” means an individual, partnership or corporation that carries on
any activity referred to in section 121(1)(a) to (c) or the regulations under
section 124(b);

(b) “auctioneer”
means an individual who conducts the bidding at a sale by public auction;

(c) “licence”
means an auction sales business licence issued under this Act;

(d) “sale by public
auction” means a sale of goods by public auction and includes a sale of goods
in lots by public auction.

RSA 2000 cF‑2
s119;2005 c9 s39

Application

120(1) Subject to subsections (2) and (3), this Part does not apply
to a sale by public auction

(a) to
which the Civil Enforcement Act applies, or that is held pursuant to an
order of a court,

(b) of
goods taken in distress under the authority of an enactment for the recovery of
a tax, rate or imposition made or levied pursuant to that enactment,

(c) of
livestock by an auction sales business that is licensed as a livestock dealer
and has provided the security required under the Livestock Identification
and Commerce Act,

(d) held
by a religious, charitable or non‑profit organization, or

(e) held
by an educational institution as part of a course of instruction in
auctioneering offered by it.

(2) No person may conduct the bidding at
a sale by public auction referred to in subsection (1)(a) to (d) unless the
person meets the qualifications for an auctioneer under the regulations.

(3) No person may conduct the bidding at
a sale by public auction referred to in subsection (1)(e) unless the person is
a student registered in a course for the training of auctioneers at an
educational institution and the student is supervised by officials from the
institution.

(4) If
a licensee holds a sale by public auction referred to in subsection (1), the
provisions in the regulations under Part 13 dealing with claims against the
licensee’s security apply in respect of that sale, even though the auction
sales business does not have to be licensed or to provide security in respect
of it.

RSA 2000 cF‑2
s120;2006 cL‑16.2 c96

Licence required

121(1) No person may

(a) carry
on the activities of holding sales by public auction,

(b) hold
a sale by public auction, or

(c) advertise
a sale by public auction,

unless the person is
the holder of a subsisting licence.

(2) No auctioneer may conduct the
bidding at a sale by public auction unless the auction sales business holding
the sale is the holder of a subsisting licence.

(3) No auction sales business may

(a) authorize,
permit or direct any of its employees, or

(b) engage,
permit or authorize any other individual

to conduct the bidding at a sale by public auction held by
the auction sales business unless the employee or individual meets the
qualifications for an auctioneer under the regulations.

RSA 2000 cF‑2
s121;2005 c9 s40

122 Repealed
2005 c9 s41.

Removal of goods
purchased

123 When a sale by public auction
is held,

(a) no
purchaser may remove, and

(b) no
auctioneer and no auction sales business or its employees may permit to be
removed

from the place at which the sale is held any goods
purchased at the sale unless the purchase price of the goods is first paid to
the auction sales business or other arrangements satisfactory to the auction
sales business are made for payment of the purchase price.

1998 cF‑1.05 s123

Regulations

124 The Minister may make regulations

(a) respecting
the qualifications of auctioneers;

(b) specifying
activities that constitute carrying on the activities of holding sales by
public auction for the purposes of this Act;

(c) respecting
standards of conduct to be followed and requirements to be met by auction sales
businesses and auctioneers in connection with any activities referred to in
section 121(1)(a) to (c) or the regulations under clause (b);

(d) respecting
the duty of auction sales businesses and auctioneers to determine if goods to
be sold at a public auction are subject to a mortgage, charge, lien or
encumbrance;

(e) respecting
the duty and liability of auction sales businesses and auctioneers if goods
sold at a public auction are subject to a mortgage, charge, lien or
encumbrance;

(f) respecting
the conditions of sale by public auction, including the requirement to
communicate those conditions to bidders;

(g) respecting the contents
of statements made by auction sales businesses or auctioneers or any employee
or agent of an auction sales business or an auctioneer concerning goods
intended for sale by public auction, terms of sale or the policies or services
of the auction sales business or auctioneer.

RSA 2000 cF‑2
s124;2005 c9 s42

Part 12.01
High‑cost Credit

Definitions

124.01 In this Part,

(a) “high-cost
credit agreement” means a credit agreement that provides for a rate of 32% or
more as calculated in accordance with the regulations, and includes a lease but
does not include a payday loan;

(b) “high-cost
credit business” means the activity of offering, arranging for or entering into
a high-cost credit agreement.

2017 c18 s1(12)

Licence required

124.02(1) No person shall provide high-cost credit or carry on the
activities of the high‑cost credit business unless the person is the
holder of a high-cost credit business licence issued under this Act.

(2) No person may claim or advertise
that the person is a high-cost credit business operator or carries on the
activities of the high-cost credit business unless the person is the holder of
a high-cost credit business licence issued under this Act.

(3) A high-cost credit business operator
shall, in accordance with the regulations,

(4) If required to do so by the applicable
regulation, a person who carries on the activities of the high-cost credit
business at more than one location must hold a separate licence issued under
this Act for each location that authorizes the person to carry on that
business.

(5) The Minister may make regulations
respecting the high‑cost credit business including, without limitation,
regulations

(a) respecting
the calculation of the rate referred to in section 124.01(a);

(b) specifying
activities that constitute engaging in the high‑cost credit business for
the purposes of this Part;

(c) respecting
the licensing of high‑cost credit business operators;

(d) respecting
the disclosure of information by high-cost credit business operators;

(e) respecting
the form and content of agreements or contract terms used by high‑cost
credit business operators;

(f) respecting
the duties and obligations of persons carrying on, or engaged or employed in
the high‑cost credit business;

(g) prescribing
or adopting, with or without modification, codes, standards or rules governing

(i) the
manner of carrying on the high‑cost credit business,

(ii) experience
and education requirements and requirements as to the financial responsibility
of persons carrying on or wishing to carry on the high‑cost credit
business,

(iii) the
type and condition of premises and equipment used in the high‑cost credit
business,

(iv) lending
practices for high‑cost credit business operators, and

(v) the
conduct of persons engaged in carrying on the high‑cost credit business;

(h) respecting
the manner of informing members of the public of

(i) any
sale of or dealing with goods, products or services of the high‑cost
credit business operator, and

(ii) contraventions
of this Part;

(i) respecting
terms and conditions for a high‑cost credit business operator that has
contravened this Part or the regulations made under this Part to continue
operating as a high-cost credit business operator under this Part;

(j) respecting
the suspension or cancellation of a high‑cost credit business licence;

(k) prescribing
in respect of any high‑cost credit business operator that the approval of
any authority specified by the Minister is required for the obtaining or
renewal of a licence or the establishment of that business;

(l) respecting
advertising by high‑cost credit business operators;

(m) requiring
that specified records be maintained by any class of high‑cost credit
business operator;

(n) exempting
a person or class of persons from high-cost credit business licensing
requirements.

2017 c18 s1(12)

Part 12.1
Payday Loans

Interpretation

124.1 In this Part,

(a) “cash
card” means a card or other device issued, supplied or provided by a payday
lender to the borrower of a payday loan, instead of an advance of cash or a
transfer of money to the order of the borrower, that can be used to obtain cash
or acquire goods and services, but does not include a credit card;

(b) “discounting”
means the practice of deducting or withholding from the initial advance of a
payday loan an amount representing any portion of the cost of borrowing;

(c) “licence”
means a payday loan business licence;

(d) “pay
period” means

(i) the
period from the date on which a payday loan is entered into until the day on
which the borrower next receives his or her pay or other income, or

(ii) a
period during the term of a payday loan from the day on which a borrower
receives his or her pay or other income until the day on which the borrower
next receives his or her pay or other income;

(f) “payday
loan” means any advancement of money with a principal of $1500 or less and a
term of 62 days or less made in exchange for a post‑dated cheque, a pre‑authorized
debit or a future payment of a similar nature, but not for any guarantee,
suretyship, overdraft protection or security on property and not through a
margin loan, pawnbrokering, a line of credit or a credit card;

(g) “payday
loan business” means the activity of offering, arranging for or providing
payday loans by a payday lender;

(h) “rollover
loan” means the extension or renewal of a payday loan that imposes additional
fees or charges on the borrower, other than interest, and includes the
advancement of a new payday loan to pay out an existing payday loan.

2016 cE‑9.5 s8

Application

124.11 This Part applies

(a) to
every payday lender who offers, arranges or provides a payday loan to a
borrower in Alberta, whether the payday lender operates from business premises
or on the Internet, and

(b) to
each payday loan, regardless of the number of payday lenders involved in the
payday loan.

2016 cE‑9.5 s8

Express consent

124.12 The express consent referred
to in this Part must be in a verifiable form, including, but not limited to,
writing and audio recordings.

2016 cE‑9.5 s8

Prohibited practices

124.2(1) A payday lender shall not engage in any of the following
practices:

(a) discounting
the principal amount of a payday loan;

(b) collecting
or receiving any fees or charges before the first payday loan instalment
payment is due;

(c) granting
a rollover loan;

(d) accepting
a cheque from a borrower that is not payable to the payday lender;

(e) subject
to the regulations, requiring a payday loan instalment payment to be due on a
day before the day on which a borrower will receive his or her pay or other income
for the pay period to which that instalment payment relates;

(f) requiring,
requesting or accepting information or consent that would give the payday
lender or a third party direct access to a borrower’s bank account, other than
information required for pre‑authorization for repayment of a specific
payday loan;

(g) attempting
to process a payday loan instalment payment before the day on which it is due;

(h) making
withdrawals from a borrower’s account without the express consent of the
borrower;

(i) charging
any amount to a borrower to whom the payday lender provides a payday loan in
addition to the fees provided for in the agreement with that borrower in
relation to the payday loan;

(j) charging
a fee for converting a payday loan cheque issued by the payday lender to cash;

(k) failing
to include the name of the payday lender as shown on the payday lender’s
licence in all contact and correspondence with the borrower;

(l) making
any call in person or by telephone for the purpose of collecting or attempting
to collect an outstanding payday loan payment except between 7 a.m. and 10 p.m.
in Alberta;

(m) directly
or indirectly threatening or stating an intention to proceed with any action
for which there is no lawful authority;

(n) contacting
an individual other than the borrower for the purposes of collecting or
attempting to collect an outstanding payday loan payment;

(o) contacting
or attempting to contact any individual in respect of an outstanding payday
loan payment by any means in such a manner as to constitute harassment,
including but not limited to

(i) the
use of threatening, profane, intimidating or coercive language,

(ii) the
use of undue, excessive or unreasonable pressure, or

(iii) the
use of telephone, e‑mail, a call in person or other methods of contact,
other than traditional mail, to call or send messages excessively;

(p) giving
any person, directly or indirectly, by implication or otherwise, any false or
misleading information, including but not limited to references to the police,
a law firm, prison, credit history, court proceedings or a lien or garnishment;

(q) contacting
a borrower’s spouse or adult interdependent partner, relative, neighbour,
friend or acquaintance unless the contact is limited to the purpose of
obtaining the borrower’s residential address, personal telephone number or
employment telephone number;

(r) contacting
a borrower’s employer for any purpose other than to confirm the borrower’s
employment status and business title, the business address of the borrower’s
place of employment or the date of the borrower’s next payday;

(s) contacting
a borrower at the borrower’s place of employment for the purposes of collecting
or attempting to collect an outstanding payday loan payment;

(t) contacting
a borrower at the borrower’s place of employment, for any reason other than
collecting or attempting to collect an outstanding payday loan payment, if the
borrower

(i) requests
the payday lender not to contact the borrower there,

(ii) makes
reasonable arrangements to discuss the payday loan with the payday lender, and

(iii) discusses
the payday loan with the payday lender in accordance with the arrangements;

(u) communicating
information about a payday loan or the existence of a payday loan to any person
without the express consent of the borrower;

(v) entering
into or arranging wage assignments with a borrower or the employer of a
borrower;

(w) publishing
or threatening to publish a notice of a borrower’s failure to pay;

(x) giving
false, misleading or deceptive information in advertisements, solicitations or
negotiations with respect to a payday loan;

(y) soliciting,
negotiating or entering into an agreement with a borrower respecting another
form of credit at a time when a payday loan entered into by the borrower is
outstanding;

(2) A payday lender shall not attempt to
collect an outstanding payday loan more than 3 years after the date of the last
payment or written acknowledgment by the borrower.

2016 cE‑9.5 s8

Tied selling prohibited

124.21(1) A payday lender shall not make a payday loan contingent on
the supply of other goods or services.

(2) A payday lender shall not include a
term or condition relating to the supply of other goods or services in any
payday loan agreement.

(3) A payday lender shall ensure that
each payday loan agreement includes a statement that the supply of other goods
or services is separate and optional.

(4) The statement referred to in
subsection (3) must be initialled by the borrower.

2016 cE‑9.5 s8

Instalment payments

124.3(1) A payday lender shall ensure that a payday loan agreement
provided to a borrower contains a term requiring the borrower to repay the
payday loan through an instalment plan.

(2) The payday lender shall ensure that
the instalment plan allows the borrower to repay the loan over a period of at
least 42 days and no more than 62 days regardless of any other term stated in
the payday loan agreement.

(3) A payday lender shall ensure that

(a) if
the borrower is paid or otherwise receives income on a semi‑monthly, bi‑weekly
or more frequent basis, the payday loan agreement specifies that repayment is
to be spread over at least 3 pay periods, or

(b) if
the borrower is paid or otherwise receives income on a basis that is less
frequent than those referred to in clause (a), the payday loan agreement
specifies that repayment is to be spread over at least 2 pay periods.

(4) A borrower may pay all or part of the
outstanding balance under a payday loan agreement at any time without incurring
any prepayment charge or penalty, regardless of the number of instalments
remaining.

(5) A
payday lender shall comply with requirements respecting instalment plans as set
out in the regulations.

2016 cE‑9.5 s8

Financial literacy
information

124.31 A payday lender shall

(a) display
financial literacy information, and

(b) provide
borrowers with financial literacy information

as required by the
regulations.

2016 cE‑9.5 s8

Cancellation
period

124.4(1) A borrower under a payday loan agreement may, without any
reason, cancel the agreement

(a) until
the end of the 2nd day after the payday lender gives a copy of the agreement to
the borrower, if the payday lender is open for business on that day, or

(b) if
the payday lender is not open for business on the day referred to in clause
(a), until the end of the first day after that day that the payday lender is
open for business.

(2) A borrower who wishes to cancel a
payday loan agreement must

(a) give
written notice to the payday lender within the time period set out in
subsection (1), and

(b) return
to the payday lender the full amount received by the borrower.

(3) In giving notice of cancellation
under subsection (2), a borrower may

(a) use
the copy of the cancellation notice provided by the payday lender under section
124.5(2), or

(b) provide
notice in writing, signed by the borrower, of the borrower’s intention to
cancel the payday loan agreement.

(4) On receiving notice of cancellation
from a borrower and repayment of the full amount received by the borrower in
accordance with subsections (2) and (3), the payday lender shall give the
borrower an acknowledgment of the receipt of the loan cancellation.

(5) An acknowledgment of the receipt of
a loan cancellation under subsection (4) must be in the form submitted to the
Director under the regulations.

(6) A payday lender shall not charge

(a) interest
on a payday loan that has been cancelled, or

(b) a
fee for the cancellation of a payday loan.

2016 cE‑9.5 s8

Standard content of
agreements, forms,
other documents

124.41(1) The Director may establish standard content for agreements,
forms and other documents used by payday lenders, including, but not limited
to, payday loan agreements, cancellation forms, receipts and pre‑authorized
debit agreements.

(2) If the Director establishes standard
content for a document, a payday lender shall use that standard content.

2016 cE‑9.5 s8

Agreement and advance

124.5(1) A payday lender shall ensure that the terms, information and
statements contained in payday loan documents are clear and comprehensible.

(2) A payday lender shall give a
borrower a copy of the payday loan agreement at the time it is entered into by
the borrower, together with a copy of the cancellation notice that may be used
by the borrower for the purposes of section 124.4.

(3) With the borrower’s express consent,
a payday lender may, for the purposes of subsection (2), provide a copy of the
full payday loan agreement and any required accompanying documentation by e‑mail
sent to the address provided by the borrower for that purpose, or by other
electronic means.

(4) A payday lender shall ensure that
the proceeds of the payday loan are delivered to the borrower no later than at
the time of entering into the payday loan agreement.

(5) In the case of a payday loan
obtained by means of the Internet or by telephone, the payday lender is deemed
to have complied with subsection (4) if the payday lender delivers instructions
to the payday lender’s financial services provider to transfer the amount of
the advance to the borrower on the same day as the day on which the payday loan
agreement is entered into by both the borrower and the payday lender.

(6) For the purposes of subsection (5),
“financial services provider” includes a bank listed in Schedule I, II or III
of the Bank Act (Canada), a treasury branch, a credit union, a trust
corporation or loan corporation registered under the Loan and Trust
Corporations Act or an organization that provides remote funds transfers,
electronic funds transfers or any similar method of transferring money.

2016 cE‑9.5 s8

Acknowledgment of
receipt of payment

124.51(1) On receiving payment from a borrower in person at its business
premises, the payday lender shall immediately give the borrower an
acknowledgment of the receipt of that payment, in the form submitted to the
Director under the regulations.

(2) The payday lender shall ensure that
the acknowledgment referred to in subsection (1) or (4) specifies

(a) the
name of the borrower,

(b) the
date of payment,

(c) the
agreement number of the payday loan in respect of which the payment was made,

(d) the
amount paid, and

(e) the
amount still owing in respect of the payday loan, if any.

(3) For the purposes of subsection (1),
with the express consent of the borrower, a payday lender may provide a copy of
an acknowledgment of the receipt of payment by e‑mail or by other
electronic means.

(4) On receiving payment from a borrower
by means other than in person at its business premises, the payday lender shall
provide an acknowledgment of the receipt of that payment to the borrower
electronically sent to the e‑mail address provided by the borrower, in
the form submitted to the Director under the regulations.

2016 cE‑9.5 s8

Payout of balance on
cash card

124.6(1) If in respect of a payday loan the payday lender issues a
cash card to the borrower, the borrower is entitled to be paid in cash the
amount of credit remaining on the card where

(a) the
balance of credit remaining on the cash card is less than $25, or

(b) the
payday loan has been repaid by the borrower and the cash card has expired.

(2) If the borrower is entitled to be
paid a balance under subsection (1) and returns the cash card to the payday
lender, the payday lender shall immediately pay the balance on demand by the
borrower.

2016 cE‑9.5 s8

Maximum allowable cost
of borrowing

124.61(1) A payday lender shall not charge, require or accept a total
cost of borrowing that exceeds 15% of the principal amount of the payday loan.

(2) The maximum total cost of borrowing
under subsection (1) must include the fees for all mandatory and optional
services provided by the payday lender in relation to a payday loan and any
other fees or charges set out in the regulations.

(3) In addition to the cost set out in
subsection (1), if a borrower fails to repay the amount specified in the payday
loan agreement, the payday lender may charge the following:

(a) interest
at a rate of 2.5% per month, not to be compounded;

(b) a
one‑time fee in an amount determined by the Director for each dishonoured
cheque or dishonoured pre‑authorized debit.

2016 cE‑9.5 s8

Consequence of failure
to comply

124.7 If, in respect of section
124.2, 124.21, 124.3, 124.5(2) or (4), 124.51(1), (2) or (4), 124.6 or 124.61,
any requirement is not complied with or any prohibition is contravened,

(a) all
amounts in respect of the payday loan except the principal cease to be
permissible charges, and

(b) the
borrower is not liable to pay the payday lender any amount that exceeds the
principal of the payday loan.

2016 cE‑9.5 s8

Signs and notices

124.8(1) A payday lender shall prominently display at each of the
payday lender’s business premises

(a) a
sign visible to borrowers immediately when they enter the premises, and

(b) a
sign visible to borrowers at each place within the premises where a payday loan
is negotiated.

(2) Subject to the regulations, the
payday lender shall ensure that the signs required under subsection (1) contain
only the following wording or information in the following order:

(a) the
words “Maximum total cost of borrowing permitted in Alberta for a payday loan:
$15 per $100 lent”;

(b) the
words “We charge ________”, indicating the payday lender’s total charges for a
payday loan;

(c) the
words “Payday loans are a form of high‑cost credit”;

(d) the
words “This information meets the requirements of the Consumer Protection
Act”;

(e) the
payday lender’s licence number;

(f) any
other wording or information prescribed by the regulations.

(3) If a payday lender offers payday loans with
varying costs of borrowing, the payday lender shall ensure that the sign
wording referred in subsection (2)(a) indicates the highest cost of borrowing
that the payday lender charges any borrower.

(4) A payday lender who engages in the
payday loan business by means of the Internet shall display the wording and
information required under subsection (2) on a page of the payday lender’s
website that precedes the payday loan application.

(5) A payday lender who engages in the
payday loan business by telephone shall disclose to a prospective borrower the
wording and information required under subsection (2).

2016 cE‑9.5 s8;2017
c18 s1(13)

Creation, retention of
records

124.81(1) A payday lender shall create and maintain records relating
to the payday lender’s collection activities with respect to each payday loan,
including but not limited to records respecting

(a) letters,
e‑mail and other correspondence sent to the borrower, and

(b) logs
of telephone calls and other records of contact such as note lines.

(2) A payday lender shall retain the following
documents and records in respect of each payday loan for a period of 3 years
after the date on which the payday loan was fully repaid, or after the later of
the date of default or the date of last payment, if the loan is not fully
repaid:

(a) each
payday loan agreement;

(b) each
acknowledgment of receipt of payment;

(c) any
notice of cancellation;

(d) the
documents and records referred to in subsection (1);

(e) any
other documents in respect of the payday loan.

2016 cE‑9.5 s8

Use, disclosure of
personal information

124.9 A payday lender shall ensure
that personal information that is contained in an application for a payday
loan, a payday loan agreement or other documents in respect of a payday loan

(a) is
used or disclosed only for the purpose of providing, administering or
collecting a payday loan, and

(b) is
not used or disclosed in connection with the provision of any other goods or
services.

(c) respecting
advertising, including advertising outside and inside the business premises of
a payday lender;

(d) respecting
the provision and display of financial literacy information;

(e) respecting
the total cost of borrowing, including, without limitation, regulations
respecting

(i) the
calculation of the total cost of borrowing, and

(ii) the
fees and charges to be included in and excluded from the total cost of
borrowing;

(f) respecting
the signs and notices at a payday lender’s business premises;

(g) respecting
the duties and obligations of payday lenders;

(h) respecting
standards or rules governing payday lenders;

(i) defining
words used but not defined in this Part;

(j) providing
for any transitional matters the Minister considers necessary to ensure the
transition of matters respecting payday loans to this Part.

2016 cE‑9.5 s8

Part 13
Licensing

Definition

125 In this Part, “conviction”
means a conviction for an offence under any criminal or other law in force in
Alberta or elsewhere that, in the Director’s opinion, indicates that the person
convicted is unsuitable to be licensed under this Act.

1998 cF‑1.05 s125

Application for licence

126(1) A person who wishes to be licensed or to have a licence
renewed under this Act must submit to the Director

(a) an
application on a form established by the Director,

(b) any
additional information that is requested by the Director, including a criminal
record check or authorization to obtain a criminal record check,

(c) the
fee established under the regulations, and

(d) if
the regulations require a security or payment into an assurance fund approved
by the Director to be submitted in respect of the class of licence applied for,
a security or proof of payment into the assurance fund that meets the requirements
of the regulations.

(2) The application and other
information submitted under subsection (1) must, on the request of the
Director, be verified by affidavit or in another manner that is satisfactory to
the Director.

(3) A
person who makes a false statement of fact or misrepresents any fact or
circumstance in any application or document submitted to the Director under
this Act commits an offence.

RSA 2000 cF‑2
s126;2005 c9 s43

Refusal, suspension,
cancellation, terms

127 The Director may refuse to
issue or renew a licence, may cancel or suspend a licence and may impose terms
and conditions on a licence for the following reasons:

(a) the
applicant or licensee does not or no longer meets the requirements of this Act
and the regulations with respect to the class of licence applied for or held;

(b) the
applicant or licensee or any of its officers or employees

(i) fails
to comply with an order of the Director under section 129 or 157, unless, in
the case of an order under section 129 or 157, the order has been stayed,

(i.1) fails
to repay a fund created under section 137 in respect of amounts paid out in
claims against the licensee,

(i.2) fails
to pay a levy of assessment under section 136(8) or a levy of assessment for a
fund created under section 137,

(ii) fails
to comply with a direction of the Director under section 151(3),

(iii) furnishes
false information or misrepresents any fact or circumstance to an inspector or
to the Director,

(iv) fails
to comply with an undertaking under this Act,

(v) has,
in the Director’s opinion, contravened this Act or the regulations or a
predecessor of this Act,

(v.1) fails
to comply with any other legislation that may be applicable,

(vi) fails
to pay a fine imposed under this Act or a predecessor of this Act or under a
conviction or fails to comply with an order made in relation to a conviction,

(vii) is
convicted of an offence referred to in section 125 or is serving a sentence
imposed under a conviction, or

(viii) fails
to pay, in accordance with the notice of administrative penalty and the
regulations, an administrative penalty imposed under this Act;

(c) in the opinion of the
Director, it is in the public interest to do so.

128(1) Before refusing to issue or renew a licence and before a
licence is suspended or cancelled or terms or conditions are imposed, the
applicant or licensee must be given

(a) written
notice of the proposed refusal, suspension or cancellation or the proposed
terms and conditions with reasons, and

(b) an
opportunity to make representations to the Director.

(2) Despite
subsection (1), the Director may suspend the licence of a licensee without
notice or an opportunity to make representations if the licensee is being
investigated under this Act and the Director is of the opinion that the
licensee has misappropriated or will misappropriate funds that the licensee is
required to hold in trust.

1998 cF‑1.05 s128

Order against agents and
others

129 When the Director cancels or
suspends the licence of a person, the Director may by order prohibit any
designated agent as defined in section 102, salesperson or anyone else who is
acting on behalf of that person from engaging in the business or carrying out
an activity that was authorized by the licence, and the order may contain any
terms or conditions that the Director considers appropriate.

1998 cF‑1.05 s129

Security

130(1) When a security submitted by a licensee is no longer in
force, the licence is suspended and remains suspended until the licensee
submits to the Director a new security that meets the requirements of the
regulations.

(2) When the Director increases, in
accordance with the regulations, the amount of security that is to be provided
by a licensee before the term of the licence ends and the licensee does not
provide a security in the increased amount by the time specified by the
Director, the licence is suspended and remains suspended until the licensee
submits to the Director a security in the increased amount.

(3) Where
a licensee who is required under the regulations to be covered by an assurance
fund approved by the Director is no longer covered by that assurance fund, the
licence is suspended.

RSA 2000 cF‑2
s130;2005 c9 s45

Term of licence

131 The length of the term of a
licence is specified in the regulations.

1998 cF‑1.05 s131

Duty to maintain records

132(1) Every licensee and former licensee must create and maintain

(a) complete
and accurate financial records of its operations in Alberta for at least 3
years after the records are made, and

(b) other
records and documents described in the regulations for the period specified in
the regulations.

(2) Every
licensee and former licensee must make the records referred to in subsection
(1) available for inspection by an inspector at a place in Alberta and at a
time specified by the inspector.

RSA 2000 cF‑2
s132;2005 c9 s46

Trust accounts

133 Every licensee must comply
with the requirements respecting trust accounts established by the regulations
under section 143.

1998 cF‑1.05 s133

Notification of changes

134(1) Every licensee must notify the Director in writing within 15
days of

(a) a
change in the address of the licensee’s business office,

(b) a
change in the partners of the business if the licence is issued to a
partnership, or

(c) a
change in the officers or directors of the corporation if the licence is issued
to a corporation.

(2) A
person issued a licence who ceases to carry on the activities for which the
licence was issued must notify the Director within 15 days of the cessation of
the activities and return the licence with the notification.

RSA 2000 cF‑2
s134;2005 c9 s47

Appeal

135 A person

(a) who
has been refused a licence or renewal of a licence,

(b) whose
licence is made subject to terms and conditions,

(c) whose
licence has been cancelled or suspended under section 127, or

(d) who
has been issued an order under section 129,

may appeal under section 179.

1998 cF‑1.05 s135

Delegation to regulatory
boards

136(1) The Minister may make regulations

(a) providing
for the establishment of regulatory boards to exercise the powers and perform
the duties and functions delegated to them under subsection (5);

(b) respecting
the appointment of the directors of a regulatory board, including, without
limitation, respecting the number of directors, the removal of directors, the
terms of office of directors and the filling of vacancies of directors;

(c) respecting
the functions, powers, duties, remuneration and benefits of directors and
officers of a regulatory board;

(d) respecting
whether or not a regulatory board is an agent of the Crown;

(e) respecting
the powers of a regulatory board, including, without limitation, regulations
specifying that a board has all the powers of a natural person;

(f) respecting
any other governance matters, as the Minister considers necessary, including,
without limitation, regulations respecting the conduct of regulatory board
meetings and decision making by the regulatory board.

(2) A regulatory board may make bylaws

(a) respecting
the conduct of the business and affairs of the board;

(b) respecting
the calling of meetings of the directors and the conduct of business at those
meetings;

(c) respecting
the appointment, removal, functions, powers, duties, remuneration and benefits
of directors, officers and employees of the board;

(d) delegating
to the officers of the board or any committee of it any powers of the board
required to manage the business and affairs of the board, except the power to
make bylaws;

(e) respecting
the establishment, membership, duties and functions of special, standing and
other committees.

(3) A bylaw made by a regulatory board
is not effective until it is approved by the Minister.

(4) The Regulations Act does not
apply to a bylaw of a regulatory board.

(5) The Minister may by notice in
writing to a regulatory board

(a) delegate
to a regulatory board any or all of the Director’s powers, duties or functions
under this Act and the regulations,

(b) impose
any conditions on the regulatory board’s exercise of the delegated powers,
duties or functions that the Minister considers appropriate, and

(c) amend
or revoke the notice.

(6) Where the Minister makes a
delegation under subsection (5), a reference in this Act or the regulations to
the Director with respect to the delegated power, duty or function is to be
read as if it were a reference to the regulatory board to whom the delegation
was made.

(7) The Minister may make regulations
respecting

(a) the
collection of fees by a regulatory board on the Government’s behalf and their
remittance to the Minister, and

(b) the
payment of a commission to a regulatory board for its services under this
subsection.

(8) A regulatory board may, with the
approval of the Minister, collect money by the levy of assessments on licensees
and designated agents as defined in section 102 for the purpose of enabling the
board to carry out the powers, duties and functions delegated to it under
subsection (5).

(9) A person may not, without the
written consent of the Minister, disclose any information that the person has
obtained in the course of exercising delegated authority under this section.

(10) No action or other proceeding for
damages may be commenced against a regulatory board, a director or employee of
the board or a person appointed or engaged to perform a duty or exercise a
power for the board

(a) for
any act done in good faith in the performance or intended performance of any
duty or the exercise or intended exercise of any power under this Act, the
regulations or the bylaws, or

(b) for any neglect or
default in the performance of the duty or exercise of the power in good faith.

RSA 2000 cF‑2
s136;2005 c9 s48;2006 c23 s28;
2017 c18 s1(15)

Establishment of fund by
regulatory board

137(1) A regulatory board may create a fund to be used for the
following purposes:

(a) to
pay claims of persons who have suffered loss or damage arising out of the
operation of a business by a licensee;

(b) any
other purposes authorized by the regulations.

(2) Subject to the regulations, the
regulatory board may collect money by the levy of assessments on

(a) licensees,
and

(b) designated
agents as defined in section 102

who are engaged or
employed in a business in respect of which powers, duties or functions have
been delegated to the board under section 136(5).

(3) The money collected under subsection
(2) and any income from the investment of that money must be credited to the
fund.

(4) A regulatory board is deemed to hold
in trust all money credited to a fund and must immediately deposit that money
in a trust account in a bank, treasury branch, trust corporation or credit
union in Alberta, separate and apart from any other money of the regulatory
board.

(5) Despite subsections (3) and (4), a
regulatory board may, from the income from the investment of the money in a
fund, pay the administrative costs associated with the fund.

(6) If the income from the investment of
the money in a fund is insufficient to pay the administrative costs associated
with the fund, the regulatory board may collect money to pay those costs by the
levy of assessments on licensees and designated agents as defined in section
102 in accordance with the regulations.

(7) The Minister may make regulations

(a) respecting
purposes for which the money in a fund may be used, in addition to the purpose
referred to in subsection (1)(a);

(b) respecting
the investment of the money in a fund that is not currently required for
disposition;

(c) respecting
the protection, by insurance or other means, of the money in a fund against
claims or losses;

(d) respecting
the administration of a fund and the levy and collection of assessments for a
fund;

(e) requiring
a regulatory board to make a report to the Minister and respecting the nature
and contents of such a report and the times at which it must be made;

(f) respecting
the kinds of claims that may be paid from a fund and the conditions to be met
before any claim is paid from a fund;

(g) respecting
the limits of liability of a fund;

(h) respecting
the time period within which claims against a fund must be made;

(h.1) respecting
appeals from claims decisions;

(h.2) respecting
the giving of notices related to claims against a fund;

(i) providing
for the recovery by the regulatory board from a licensee or designated agent as
defined in section 102 of amounts paid from the fund to a claimant in respect
of a claim against the licensee or designated agent for loss or damage arising
out of the operation of a business by the licensee or that involved the
designated agent;

(j) respecting the winding‑up
of a fund.

RSA 2000 cF‑2
s137;2017 c18 s1(16)

Review respecting
regulatory board

137.1(1) The Minister may, whenever the Minister considers it
necessary, review or appoint a person to review

(a) the
conduct of a regulatory board,

(b) any
matter relating to a fund created by a regulatory board under section 137, or

(c) any
matters relating to the operations, powers, duties or functions of a regulatory
board.

(2) The Minister or other person
conducting a review under subsection (1)

(a) may
require the attendance of any members, directors, officers, employees or agents
of the regulatory board or of any other person whose presence is considered
necessary during the course of the review, and

(b) has
the same powers, privileges and immunities as a commissioner under the Public
Inquiries Act.

(3) When required to do so by the
Minister or other person conducting a review, a person referred to in
subsection (2)(a) must produce for review all books and records that are in
that person’s possession or under that person’s control that are relevant to
the subject‑matter of the review.

(4) A person, other than the Minister,
who conducts a review must forthwith on concluding the review report in writing
to the Minister.

2016 c8 s3

Ministerial order after
review

137.2(1) After concluding a review or receiving a report under
section 137.1, the Minister may, by order,

(a) direct
that the regulatory board or any member, director, officer or employee of the
regulatory board take any action that the Minister considers appropriate in the
circumstances, and

(b) provide
for the procedure to be followed and reporting to be performed in relation to
any direction given under clause (a).

(2) If an order under subsection (1) is
not complied with to the satisfaction of the Minister, the Minister may, by
order, do any or all of the following:

(a) appoint
an administrator;

(b) dismiss
or suspend any member, director, officer or employee of the regulatory board;

(c) direct
that new members, directors, officers or employees be appointed to or employed
by the regulatory board.

(3) The Minister may, by order,

(a) provide
for payment of remuneration and expenses to the administrator, and

(b) order
the regulatory board to pay the remuneration and expenses of the administrator
at the rates set by the Minister.

(4) An administrator appointed under
this section

(a) has
all the powers and functions related to the management and operation of the
regulatory board, including the powers of the board of directors, and

(b) is
responsible for all the duties

(i) of
the regulatory board under this Act, including the delegated powers, duties and
functions of the Director, and

(ii) of
the board of directors of the regulatory board.

(5) An order under this section takes
effect when it is made or at the time specified in the order, and the
regulatory board or member, director, officer or employee of the regulatory
board, as the case may be, to whom an order under subsection (1) is directed
must comply with the order within the time period specified in the order, if
any, or otherwise within 45 days after the order is made.

(6) An order under this section prevails
over

(a) any
provision of the legislation under which the regulatory board is incorporated,
and

(b) bylaws,
articles or rules of the regulatory board.

2016 c8 s3

Notice of ministerial
order

137.3(1) Before making an order under section 137.2, the Minister
shall provide the affected regulatory board and any affected member, director,
officer or employee of the regulatory board with at least 20 days’ notice in
writing and the opportunity to make written representations during that notice
period.

(2) The Minister may, as the Minister
considers appropriate, extend the notice period under subsection (1).

2016 c8 s3

Ministerial order in
public interest without review,
notice, representations

137.4(1) Despite sections 137.1 and 137.2, if the Minister is of the
opinion that it is in the public interest to do so, the Minister may, by order,
do anything that may be done by an order under section 137.2 but

(a) without
a review having been conducted, and

(b) without
providing notice and the opportunity to make representations

before making the
order.

(2) Section
137.2(4) to (6) apply to an order made under subsection (1) as if it were made
under section 137.2.

2016 c8 s3

Request to revoke or
vary ministerial order
made without notice

137.5(1) If the Minister makes an order under section 137.4, a regulatory
board or a member, director, officer or employee of the regulatory board to
whom the order is directed may

(a) make
a written request that the Minister revoke or vary the order, and

(b) make
written representations in support of the request

within 20 days after
the order is made.

(2) The Minister may, as the Minister
considers appropriate, extend the time for making written representations under
subsection (1).

(3) After a request is made under
subsection (1) and any written representations are made, the Minister shall
confirm, vary or revoke the order.

2016 c8 s3

Revocation of
ministerial order

137.6 The Minister may revoke an
order made under section 137.2 or 137.4 on the Minister’s own motion at any
time.

2016 c8 s3

Responsibility for review
and order costs

137.7 Unless the Minister orders
otherwise, a regulatory board is responsible for all costs and expenses related
to

(a) a
review conducted in respect of that regulatory board under section 137.1, and

(b) an
order made in respect of that regulatory board under section 137.2 or 137.4.

2016 c8 s3

Continuation of Alberta
Motor Vehicle Industry
Council as corporation

137.8(1) On the coming into force of this section, the society
incorporated as the Alberta Motor Vehicle Industry Council under the Societies
Act is continued as a corporation under the name Alberta Motor Vehicle
Industry Council and as a regulatory board under this Act.

(2) On the coming into force of this
section, all the assets and liabilities of the society are vested in the
corporation and all rights of action and actions by or against the society may
be continued by or maintained against the corporation.

(3) Section 4 of the Companies Act
does not apply to the Alberta Motor Vehicle Industry Council.

2017 c18 s1(17)

Act, regulations prevail

137.9 In the event of an inconsistency or
conflict between the bylaws of a regulatory board and this Act or the
regulations, this Act or the regulations prevail to the extent of the
inconsistency or conflict.

2017 c18 s1(17)

Transitional
regulations, matters

137.91(1) The Minister may make regulations

(a) respecting
the transition, winding up or dissolution of a regulatory board, including the
transfer from a regulatory board to the Government of Alberta of

(i) any
of the powers, duties or other matters relating to, and any obligations,
liabilities, rights and interests respecting, a regulatory board,

(ii) the
responsibility for all or part of the operations of the regulatory board,

(iii) employees
of a regulatory board,

(iv) records
of a regulatory board,

(v) any
unspent levies or fees, and

(vi) any
applications, appeals, hearings, inquiries, investigations and other
proceedings of the regulatory board that have not been completed before the
coming into force of this section;

(b) respecting
the transfer of a fund created by a regulatory board under section 137(1) to
the Minister and the continuation of the fund by the Minister;

(c) respecting
any transitional issues in respect of changes in a fund created by a regulatory
board under section 137(1);

(d) to
remedy any confusion, difficulty, inconsistency or impossibility resulting from
a transition or transfer of any matter from a regulatory board to the Minister.

(2) Section 14 of the Financial
Administration Act does not apply to a fund transferred or continued under
a regulation made under subsection (1)(b).

(3) If a fund created by a regulatory
board under section 137(1) is continued by the Minister by a regulation made
under subsection (1)(b), a reference in section 137 to a regulatory board is to
be read as a reference to the Minister.

(a) respecting
any transitional matters in respect of the continuation of the Alberta Motor
Vehicle Industry Council as a corporation under section 137.8;

(b) remedying
any confusion, difficulty, inconsistency or impossibility in respect of the
continuation of the Alberta Motor Vehicle Industry Council as a corporation
under section 137.8.

2017 c18 s1(17)

Delegation to department
head

138 The Minister may, by order,
delegate in whole or in part to any other head of a department of the Public
Service the power to make any regulations under section 136 or 137 that the
Minister is empowered to make, and the Minister may, by order, authorize
another department to make any inspections of any business for the purposes of
this Part.

1998 cF‑1.05 s138

Regulations

139 The Minister may make regulations

(a) establishing
different classes of licences;

(a.1) establishing
standard conditions that will apply to all licences while they are in force;

(b) respecting
the classes of licences and circumstances in which an applicant for a licence
or a renewal of a licence is required to submit a security;

(c) respecting
the form, amount and terms and conditions of a security;

(d) respecting
the terms and conditions under which a security is forfeited, the persons who
are entitled to the proceeds under the security and the procedures to be
followed for claiming on a security;

(e) respecting
a system of resolving disputes involving claims against a security that
claimants and licensees are required to participate in and providing that
decisions under the system are binding;

(f) respecting
conditions and requirements that must be met before a licence is issued or
renewed or that apply during the term of the licence;

(g) respecting
fees for licences and renewals, including

(i) establishing
different fees for different businesses or classes of businesses, and

(ii) establishing
different fees for different types of licences;

(h) respecting
the length of terms of licences;

(i) respecting
the transfer of licences;

(j) respecting
the refund of fees;

(k) respecting the records
and documents to be maintained by licensees and former licensees, including
where the records and documents are to be maintained and the time period for
which they must be maintained.

RSA 2000 cF‑2
s139;2005 c9 s49

Registration

140(1) In this section, “licensee” means a person who is required
to be licensed under this Act.

(2) When the Minister specifies in the
regulations under subsection (3) that a person who falls within a specified
class is required to be registered before acting on behalf of a licensee,

(a) a
person who falls within that class may not act on behalf of the licensee unless
the person is registered, and

(b) the
licensee may not authorize a person who falls within that class to act on the
licensee’s behalf unless the person is registered.

(3) The Minister may make regulations

(a) specifying
that salespersons or other classes of people are required to be registered
before they act on behalf of a licensee;

(b) establishing
a registration scheme for those classes of people required to be registered;

(c) adopting
with or without modification the provisions of this Act relating to licensing
for the purposes of the registration scheme;

(d) dealing with any matter
on which the Minister may make regulations under section 139 for the purposes
of the registration scheme.

1998 cF‑1.05 s140

Part 14
Remedies and Enforcement

Definition

141 In this Part, “regulated person”
means

(a) a
supplier,

(b) a
reporting agency as defined in Part 5,

(c) a
loan broker,

(d) a
credit grantor or lessor to which Part 9 applies, or

(e) a person who is
required to be licensed under this Act.

1998 cF‑1.05 s141

Dispute Resolution

Dispute resolution

142 The Director may provide any
person who is involved in a dispute respecting a matter under this Act with
information on dispute resolution processes, such as arbitration and mediation,
and may establish dispute resolution processes that the parties to the dispute
may choose to use.

1998 cF‑1.05 s142

Court Action by Consumer

Court action by
consumer re contravention,
failure to comply

142.1(1) When a consumer

(a) has
entered into a consumer transaction, and

(b) in
respect of that consumer transaction, has suffered damage or loss due to a
contravention of, or failure to comply with, this Act or the regulations,

that consumer may
commence an action in the Court of Queen’s Bench for relief from that damage or
loss against any supplier or any principal, director, manager, employee or
agent of a supplier who engaged in or acquiesced in the contravention or
failure to comply that caused that damage or loss.

(2) In an action under this section, the
Court of Queen’s Bench may

(a) award
damages for damage or loss suffered,

(b) award
punitive or exemplary damages,

(c) make
an order for

(i) specific
performance of the consumer transaction,

(ii) restitution
of property or funds, or

(iii) rescission
of the consumer transaction,

(d) grant
an order in the nature of an injunction restraining the supplier from
contravening or failing to comply with this Act or the regulations, or

(e) make
any directions and grant any other relief the Court considers proper.

(3) In determining whether to grant any
relief under this section by a regulation and the nature and extent of the
relief, the Court of Queen’s Bench must consider whether the consumer made a
reasonable effort to minimize any damage resulting from the contravention or
failure to comply and to resolve the dispute with the supplier before
commencing the action in the Court.

(4) In
an action under this section, the Court of Queen’s Bench may award costs in
accordance with the Alberta Rules of Court.

2017 c18 s1(18)

Provincial Court

142.2 Subject to the jurisdiction of
the Provincial Court, an action under section 142.1(1) may be commenced under
Part 4 of the Provincial Court Act.

2017 c18 s1(18)

Trust Accounts

Regulations

143 The Minister may make
regulations

(a) requiring
a supplier or licensee, in the situations described in the regulations, to
deposit into a trust account money that is received in the course of the
supplier’s or licensee’s business;

(b) respecting
trust accounts, including where trust accounts may be established and
maintained and when the money has to be deposited;

(c) respecting
who is entitled to the money in a trust account, the duties and
responsibilities of the trustee, the disbursement of funds from the trust
accounts and what happens if the person entitled to the money in a trust
account cannot be located;

(d) respecting the records
to be kept respecting trust accounts, the period of time that those records are
to be maintained and the audit of trust accounts.

1998 cF‑1.05 s143

Inspections and
Investigations

Identification of
inspectors

144 An inspector who enters any
place under the authority of this Act must, on request,

(a) produce
a document that identifies the person as an inspector under this Act, and

(b) explain the inspector’s
purpose for entering the place.

1998 cF‑1.05 s144

Inspection

145(1) An inspector may enter the business premises of a regulated
person at any reasonable time to conduct an inspection to determine if there is
compliance with this Act and the regulations.

(2) If an inspector has reasonable
grounds to believe that

(a) books,
records or documents of a regulated person are located in another person’s
business premises, and

(b) those
books, records or documents are relevant to determine if there is compliance
with this Act or the regulations,

the inspector may
enter those other business premises at any reasonable time.

(3) An inspector may in the course of an
inspection request a person who is working in business premises referred to in
subsection (1) or (2)

(a) to
give written or oral replies to questions,

(b) to
produce any books, records, documents or other things and to provide copies of
them, and

(c) to
provide any other information

to determine if there
is compliance with this Act and the regulations.

(4) An inspector may in the course of an
inspection inspect, examine and make copies of or temporarily remove books,
records or documents or other things that are relevant to determine if there is
compliance with this Act and the regulations.

(5) When an inspector removes any books,
records, documents or other things under subsection (4), the inspector

(a) must
give a receipt for them to the person from whom they were taken,

(b) may
make copies of, take photographs of or otherwise record them, and

(c) must,
within a reasonable time, return them to the person to whom the receipt was
given.

(6) A licensee and any person working in
the business premises of a licensee must co‑operate with an inspector
acting under the authority of this section.

(7) A
regulated person who is neither a licensee nor a worker in the business
premises of a licensee may refuse to co‑operate with an inspector who is
acting under the authority of this section.

1998 cF‑1.05 s145

Order compelling
assistance in inspections

146(1) For the purpose of enabling an inspector to conduct an
inspection to determine if there is compliance with this Act and the
regulations, the Director may apply to the Court of Queen’s Bench for an order

(a) compelling
a regulated person or an employee or agent of a regulated person to allow an
inspector to enter the business premises, private dwelling or other place
occupied or controlled by the regulated person, employee or agent;

(a.1) requiring
a regulated person, employee or agent to produce for the inspector’s
examination books, records, documents or other things relevant to the
inspection;

(b) authorizing
the inspector to copy or remove the books, records, documents or other things
on any terms that the Court considers appropriate;

(c) requiring
a regulated person or an employee or agent of a regulated person to co-operate
with the inspection on any terms that the Court considers appropriate;

(d) authorizing
the inspector, if charges are laid or a formal administrative process is
commenced as a result of the inspection, to retain books, records documents or
other things until the charges have been formally disposed of or the
administrative process has been concluded.

(2) The Court of Queen’s Bench may grant
an order under subsection (1) if satisfied on evidence under oath by the
Director that there are reasonable grounds to believe that

(a) the
inspection is reasonable,

(b) the
regulated person or agent or employee of the regulated person has not
co-operated or likely will not co-operate with the investigation, and

(c) the
order is appropriate in the circumstances.

(3) An application under this section
may be made ex parte unless in the opinion of the Court of Queen’s Bench it
would be improper to do so.

(4) No force may be used in enforcing an
order granted under this section unless a person identified in the order is
specifically authorized to use force.

(5) A copy of a document seized under an
order granted under subsection (1) and certified by the person who conducted
the inspection to be a true copy of the original document is admissible in
evidence without proof of the signature or appointment of the person who signed
the certificate and, in the absence of evidence to the contrary, the copy has
the same probative force as the original.

(6) If in the course of an inspection
under this section reasonable grounds are found to indicate that a person has
committed an offence under this Act or the regulations, the inspection may be
discontinued and an investigation under section 147 may be commenced.

(7) In an application under this
section, the Court of Queen’s Bench shall give greater weight to the protection
of persons who are dealing with a regulated person than to the carrying on of
the activities of the regulated person.

(8) An
order under subsection (1) applies to a regulated person or an employee or
agent of a regulated person and may also apply to third parties such as
accountants or other persons who have possession or control of books, records
or documents relating to the activities of the regulated person.

RSA 2000 cF‑2
s146;2005 c9 s50;2009 c53 s64

Investigation

147(1) An inspector who has reasonable grounds to believe that a
person has committed an offence under this Act or the regulations may, after
explaining to the person or to the person’s agent that the inspector wishes to
enter the person’s business premises for the purposes of carrying out an
investigation, request permission to enter the business premises.

(2) If a person permits an inspector to
enter business premises for the purposes of an investigation, the inspector
may, with the permission of the person, inspect, examine and make copies of or
temporarily remove books, records, documents or other things that are relevant
to determine if an offence has been committed under this Act or the
regulations.

(3) When an inspector removes any books,
records, documents or other things under subsection (2), the inspector

(a) must
give a receipt for them to the person from whom they were taken,

(b) may
make copies of, take photographs of or otherwise record them,

(c) must,
within a reasonable time, return anything that has been copied to the person to
whom the receipt was given, and

(d) must return everything
else that was removed to the person to whom the receipt was given within a
reasonable time after the investigation and any prosecution resulting from the
investigation is concluded.

1998 cF‑1.05 s147

Order compelling
assistance in investigations

148(1) For the purpose of determining if an offence has been
committed under this Act or the regulations, the Director may apply to the
Court of Queen’s Bench for an order

(a) compelling
a person to allow an inspector to enter the person’s business premises, private
dwelling or other place occupied or controlled by the person;

(a.1) requiring
a person to produce for the inspector’s examination the person’s books,
records, documents or other things relevant to the investigation;

(b) authorizing
the inspector to copy or remove the books, records, documents or other things
on any terms that the Court considers appropriate;

(c) requiring
a person to co-operate with the investigation on any terms that the Court
considers appropriate;

(d) authorizing
the inspector, if charges are laid or a formal administrative process is
commenced as a result of the investigation, to retain books, records, documents
or other things until the charges have been formally disposed of or the
administrative process has been concluded.

(2) The Court of Queen’s Bench may grant
an order under subsection (1) if satisfied on evidence under oath by the
Director that there are reasonable grounds to believe that

(a) an
offence under this Act or the regulations has been committed, and

(b) the
order is appropriate in the circumstances.

(3) An application under this section
may be made ex parte unless in the opinion of the Court of Queen’s Bench it
would be improper to do so.

(4) No force may be used in enforcing an
order granted under this section unless a person identified in the order is
specifically authorized to use force.

(5) A copy of a document seized under an
order granted under subsection (1) and certified by the person who conducted
the investigation to be a true copy of the original document is admissible in
evidence without proof of the signature or appointment of the person who signed
the certificate and, in the absence of evidence to the contrary, the copy has
the same probative force as the original.

(6) An order under subsection (1)
applies to a person under investigation and may also apply to third parties
such as accountants or other persons who have possession or control of books,
records or documents relating to the activities of the person under investigation.

(7) The following persons may apply to
the Court of Queen’s Bench for an order varying or cancelling an order under
subsection (1):

(a) a
person to whom the order is directed;

(b) a
person under investigation who is named in the order;

(c) a
person other than one referred to in clauses (a) and (b) who is otherwise
affected by the order.

(8) On an application under subsection
(7), the Court of Queen’s Bench may vary or cancel an order on any terms or
conditions the Court considers just, if the Court finds that

(a) all
or a part of the order is not required for the protection of persons who are
dealing with a person under investigation named in the order, or

(b) one
or more affected persons are unduly prejudiced by the order.

(9) In
an application under this section, the Court of Queen’s Bench shall give
greater weight to the protection of persons who are dealing with a person under
investigation than to the carrying on of the activities of the person under
investigation.

RSA 2000 cF‑2 s148;2005
c9 s51;2009 c53 s64

Special circumstances

149(1) Despite any provision of this Act, an inspector may during
an inspection or investigation under this Act seize or make copies of any
books, records, documents or other things if the inspector has reasonable
grounds to believe that

(a) an
offence under this Act or the regulations has been committed,

(b) the
books, records, documents or other things will provide evidence of the
commission of the offence, and

(c) the
delay involved in obtaining an order under section 148 or a search warrant
could result in the loss or destruction of evidence.

(2) An inspector, on seizing anything
under this section,

(a) must
inform the person, if any, from whom the thing is seized of the reason for the
seizure,

(b) must
give a receipt for the thing to the person, if any, having physical possession
of it when it is seized, and

(c) may
make copies of, take photographs of or otherwise record them.

(3) An
inspector who seizes anything pursuant to this section must deal with it in the
same manner as if it were seized pursuant to a search warrant.

1998 cF‑1.05 s149

Publication of
information

150(1) The Minister or Director may publish information, including
personal information,

(a) obtained
in or arising from an inspection or investigation under this Act,

(b) relating
to charges or convictions under this Act, or

(c) relating
to the status of the licence of a licensed business and any actions taken by
the Director under section 127.

(2) Subject to the regulations, the
Minister or Director may determine the form, content and timing of any
publication under this section.

(3) The Minister may make regulations
respecting the publication and disclosure in the public interest of
information, including personal information, including, without limitation,
regulations respecting the form, content and timing of publication of
information in relation to complaints, warnings, undertakings, orders under
section 151 or 157, court orders, injunctions, administrative penalties,
charges, prosecutions and convictions under this Act.

(4) No
liability attaches to the publication or disclosure of any information under
this section done in good faith.

RSA 2000 cF‑2
s150;2017 c18 s1(19)

Disclosing default in
payment of fines

150.1(1) If a fine or an order for restitution of money that is
payable as a result of a conviction for an offence under this Act is in default
for 60 days or more, the Director may disclose to a reporting agency the name
of the defaulter, the amount of the fine or restitution order and the date the
fine or restitution order went into default.

(2) Within 15 days after the Director
has received notice that a fine or an order for the restitution of money that
was reported to a reporting agency as being in default has been paid in full,
the Director must inform the reporting agency of the payment.

2005 c9 s52

Property freeze orders

151(1) In this section and sections 151.1 to 151.3,

(a) “investigated
person” means

(i) a
licensee referred to in subsection (2),

(ii) a
collection agency or collector as defined in section 109,

(iii) a
supplier, or

(iv) any
other person to whom this Act applies,

who
is under investigation in respect of an alleged contravention of this Act or
the regulations;

(b) “property”
means real property or personal property as defined in the Personal Property
Security Act, and personal property includes but is not limited to money,
money in a trust account, goods, assets, a security or a debt;

(c) “property
freeze order” means an order of the Director under subsection (2).

(2) The Director may issue a property
freeze order in the following circumstances:

(a) where
the Director is about to cancel or suspend or has cancelled or suspended the
licence of a licensee;

(b) where

(i) criminal
proceedings that, in the opinion of the Director, are connected with or arise
out of matters under this Act, or

(ii) proceedings
in respect of an alleged contravention of this Act or the regulations

are
about to be or have been initiated against any person;

(c) where
an investigated person has been paid money or been given security by a person
in respect of a consumer transaction, or where an investigated person has been
paid money by a debtor in respect of a debt, and

(i) the
investigated person has absconded from Alberta, or

(ii) the
Director has reasonable and probable grounds to believe that the investigated
person

(A) is
about to abscond from Alberta,

(B) has
removed or has attempted to remove personal property from Alberta to avoid
legal liabilities,

(C) has
sold or disposed of or has attempted to sell or dispose of real or personal
property to avoid legal liabilities, or

(D) is
misusing any money paid or any assets delivered to the investigated person;

(d) where
the Director has reason to believe that the trust funds that are required to be
held by a licensee or other person under this Act or the regulations are less
than the amount for which the licensee or other person is accountable;

(e) where
the Director has reason to believe it advisable for the protection of consumers
dealing with an investigated person.

(3) In the circumstances referred to in
subsection (2), the Director may, in writing, on terms that the Director
considers reasonable, issue one or more of the following property freeze
orders:

(a) that
the investigated person

(i) not
take any of the investigated person’s real or personal property from the
possession of another person named in the order who has the property on
deposit, under control or for safekeeping, or

(ii) not
dispose of any of the investigated person’s real or personal property nor
otherwise deal with the investigated person’s real or personal property in a
way that reduces the value of the property, whether the property is acquired by
the investigated person before, on or after the date of the order;

(b) that
a person to whom the order is directed hold in trust any real or personal
property of the investigated person that the person has possession or control
of or holds for safekeeping;

(c) that
a debtor of the investigated person to whom the order is directed

(i) hold
in trust any real or personal property that is payable or transferable in
satisfaction of the debt, or

(ii) transfer
to a receiver, receiver‑manager or trustee appointed under subsection (4)
any real or personal property that is payable or transferable in satisfaction
of the debt;

(d) that
a lessor to whom the order is directed who leases safety deposit boxes, safes
or compartments in safes not permit an investigated person or the investigated person’s
representative or agent to open or remove a safety deposit box, safe or
compartment in a safe leased to the investigated person;

(e) that
a person to whom the order is directed hold the real or personal property
affected by the order in that person’s possession, safekeeping or control in
trust for an interim receiver, custodian, trustee, receiver‑manager,
receiver or liquidator who has been appointed or whose appointment has been
applied for under the Bankruptcy and Insolvency Act (Canada), the Canada
Business Corporations Act (Canada), the Judicature Act, the Personal
Property Security Act, the Companies Act, the Business
Corporations Act, the Cooperatives Act or this Act, as the case may
be.

(4) In the circumstances referred to in
subsection (2), the Director may apply to the Court of Queen’s Bench for the
appointment of a receiver, receiver‑manager or trustee to hold or manage,
as the case may be, all or part of the property of an investigated person on
any terms or conditions that the Court approves.

(5) An application under subsection (4)
may be made ex parte unless in the opinion of the Court of Queen’s Bench it
would be improper to do so.

(6) A property freeze order does not
apply to assets in a stock exchange clearing house or to securities in process
of transfer by a transfer agent unless the order expressly states that it
applies to those assets or securities.

(7) A property freeze order must be
served on each person to whom it is directed and on each investigated person
who is named in the order.

(8) A property freeze order takes effect
in respect of a person or an investigated person at the time the order is
served on the person or investigated person or at a later time specified by the
Director in the order.

(9) Subject to section 151.3, any
property affected by a property freeze order continues to be affected by the
order until the Director, in writing,

(a) amends
or cancels the order, or

(b) orders
the release of the property.

(10) An
amendment or a cancellation of a property freeze order under subsection (9)(a)
or a release order under subsection (9)(b) must be served on the person to whom
it is directed.

RSA 2000 cF‑2
s151;2005 c9 s53;2009 c53 s64

Payment into court

151.1(1) A person who has property of an investigated person in the
form of money on deposit with the person or in the person’s control and who is
served with a property freeze order may pay the money into the Court of Queen’s
Bench if

(a) the
person is in doubt regarding the application of the order to the money on
deposit with or under the control of the person, or

(b) a
person not named in the order claims a right to or an interest in the money.

(2) If a person pays money into court in
accordance with subsection (1), the person is discharged from liability to the
extent of that payment.

2005 c9 s53

Notice filed in land
titles office or Personal
Property Registry

151.2(1) In the circumstances referred to in section 151(2), the
Director may register in the appropriate land titles office or in the Personal
Property Registry a notice that an order has been issued that may affect
property belonging to the investigated person referred to in the notice.

(2) A notice registered in accordance
with subsection (1) has the same effect as a certificate of lis pendens registered
under the Land Titles Act or a statutory charge registered under the Personal
Property Security Act except that the Director may in writing amend or
revoke the notice.

2005 c9 s53

Application to Court
respecting order or notice

151.3(1) The following persons may apply to the Court of Queen’s
Bench for an order varying or cancelling a property freeze order under section
151 or a notice registered under section 151.2:

(a) a
person to whom the order is directed;

(b) an
investigated person who is named in the order;

(c) a
person who has an interest in property in respect of which a notice has been
registered under section 151.2(1);

(d) a
person other than one referred to in clauses (a) to (c) who is otherwise
affected by the property freeze order.

(2) On an application under subsection
(1), the Court may vary or cancel a property freeze order or a registered
notice on any terms or conditions the Court considers just if the Court finds
that

(a) all
or a part of the order or notice is not required for the protection of persons
who are dealing with the investigated person named in the order, or

(b) affected
persons are unduly prejudiced by the order or notice.

(3) In
an application under this section, the Court must give greater weight to the
protection of persons who are dealing with the investigated person than to the
carrying on of the activities of the investigated person.

2005 c9 s53

Undertakings

Supplier’s undertakings

152(1) When

(a) the
Director is of the opinion that a person has contravened this Act or the
regulations, and

(b) the
Director is satisfied that the person has ceased the contravention,

the person may enter
into an undertaking with the Director in the form and containing the provisions
that the Director, on negotiation with that person, considers proper.

(2) Without limiting subsection (1), an
undertaking may include any of the following specific undertakings:

(a) to
stop engaging in a practice or to change a practice described in the
undertaking;

(b) to
provide compensation to anyone who has suffered a loss;

(c) to
publicize the undertaking or the action being taken;

(d) to
pay the costs of investigating the person’s activities and any costs associated
with the undertaking.

(3) Repealed
2016 c18 s6.

RSA 2000 cF‑2
s152;2016 c18 s6

Change in undertaking by
Director

153(1) A person who enters into an undertaking may apply to the
Director to vary or cancel that undertaking.

(2) On considering the application, the
Director may

(a)
refuse the application, or

(b) vary or cancel the
undertaking.

1998 cF‑1.05 s153

Change in undertaking by
Court

154(1) Despite section 153, a person who enters into an undertaking
may apply to the Court of Queen’s Bench for an order to vary or cancel the
undertaking.

(2) On considering an application, the
Court of Queen’s Bench may

(a) refuse
the application, or

(b) vary or cancel the
undertaking and impose whatever terms or conditions the Court considers proper.

RSA 2000 cF‑2
s154;2009 c53 s64

Effect of varying or
cancelling an undertaking

155 When an undertaking is varied
or cancelled, that variance or cancellation does not invalidate anything done
under that undertaking prior to the variance or cancellation.

1998 cF‑1.05 s155

Injunctions and
Compliance Orders

Injunction

156(1) Where, on the application of the Director to the Court of
Queen’s Bench, it appears to the Court that a person has done, is doing or is
about to do anything that constitutes or is directed toward a contravention of
this Act or the regulations or that involves the misappropriation of funds held
in trust under this Act, the Court may issue an injunction ordering any person
named in the application

(a) to
refrain from doing that thing, or

(b) to
do anything that in the opinion of the Court may prevent the contravention of
this Act or the regulations or the misappropriation of funds held in trust.

(2) The Court of Queen’s Bench may, if
it considers it necessary in the circumstances, issue an interim injunction
granting the relief that the Court considers appropriate pending the
determination of the application.

(3) An
interim injunction under subsection (2) may be made ex parte if the Court of
Queen’s Bench considers it appropriate in the circumstances.

RSA 2000 cF‑2
s156;2009 c53 s64

Director’s order

157(1) If, in the opinion of the Director

(a) a
person is contravening or has contravened this Act or the regulations,

(b) a
regulated person is using any form, agreement, letter or other document that is
misleading or contains a term that misrepresents this Act or the regulations,
or

(c) a
print, broadcast or electronic publisher, including but not limited to a
publisher of telephone directories and Internet listings, is publishing or has
published an advertisement that is misleading or contains a term that contravenes
this Act or the regulations,

the Director may issue
an order directed to the person or publisher.

(2) An order may direct the person or
publisher

(a) to
stop engaging in anything that is described in the order, subject to any terms
or conditions set out in the order, and

(b) to
take any measures specified in the order, within the time specified in the
order, to ensure that this Act and the regulations are complied with.

(3) A
person or publisher who is subject to an order under this section may appeal
under section 179.

RSA 2000 cF‑2
s157;2005 c9 s54

Public record

157.1(1) The Director must maintain a public record of undertakings,
Director’s orders, court orders and injunctions and any other prescribed
document or information.

(2) The
Director may prescribe the form of the public record referred to in subsection
(1) and which documents must or may be included.

(3) The Director must maintain a public record of
administrative penalties and may prescribe the form of the public record and
the documents and information that must or may be included in it.

2005 c9 s55;2012 c7 s1

Enforcement of Director’s order

158(1) If the Director is of the opinion that a person is not
complying or has not complied with an order of the Director under section 157,
the Director may apply to the Court of Queen’s Bench for an order directing
that person to comply with the order.

(2) The Director may not bring an
application under this section

(a) until
the time for appealing the Director’s order has passed without an appeal’s
being made, or

(b) if
an appeal has been made, the Director’s order has been confirmed by the appeal
board.

(3) After receiving an application under
subsection (1), the Court of Queen’s Bench may, if it considers it necessary in
the circumstances, make an interim order granting the relief that the Court
considers appropriate pending the determination of the application.

(4) An interim order under subsection
(3) may be made ex parte if the Court of Queen’s Bench considers it appropriate
in the circumstances.

(5) On hearing an application, the Court
of Queen’s Bench may,

(a) if
it is of the opinion that there were insufficient grounds for the Director to
have issued an order under section 157, quash the order;

(b) if
it is of the opinion that the Director had sufficient grounds for issuing the
order and that the person is not complying or has not complied with the
Director’s order, grant an order, subject to any terms and conditions the Court
considers appropriate in the circumstances, doing one or more of the following:

(i) directing
the person to comply with the order of the Director;

(ii) giving
directions that the Court considers necessary in order to ensure that the order
of the Director will be complied with;

(iii) awarding costs
in respect of the matter.

RSA 2000 cF‑2
s158;2009 c53 s64

Administrative Penalties

Notice of administrative
penalty

158.1(1) If the Director is of the opinion that a person

(a) has
contravened a provision of this Act or the regulations, or

(b) has
failed to comply with a term or condition of a licence issued under this Act or
the regulations,

the Director may, by
notice in writing given to the person, require the person to pay to the Crown
an administrative penalty in the amount set out in the notice.

(2) Where a contravention or a failure to comply
continues for more than one day, the amount set out in the notice of
administrative penalty under subsection (1) may include a daily amount for each
day or part of a day on which the contravention or non‑compliance occurs
or continues.

(3) The amount of an administrative penalty,
including any daily amounts referred to in subsection (2), must not exceed $100
000.

(4) Subject to subsection (5), a notice of
administrative penalty shall not be given more than 3 years after the day on
which the contravention or non‑compliance occurred.

(5) Where the contravention or non‑compliance occurred in
the course of a consumer transaction or an attempt to enter into a consumer
transaction, a notice of administrative penalty may be given within 3 years
after the day on which the consumer first knew or ought to have known of the
contravention or non‑compliance but not more than 8 years after the day
on which the contravention or non‑compliance occurred.

2012 c7 s1

Right to make
representations

158.2 Before imposing an
administrative penalty in an amount of $500 or more, the Director shall

(a) advise
the person, in writing, of the Director’s intent to impose the administrative
penalty and the reasons for it, and

(b) provide the person with
an opportunity to make representations to the Director.

2012 c7 s1

No offence where
administrative penalty paid

158.3 A person who pays an administrative
penalty in respect of a contravention or a failure to comply shall not be
charged under this Act with an offence in respect of the same contravention or
failure to comply that is described in the notice of administrative penalty.

2012 c7 s1

Enforceability of notice
of administrative penalty

158.4 Subject to the right of appeal, where a
person fails to pay an administrative penalty in accordance with the notice of
administrative penalty and the regulations, the Minister may file a copy of the
notice of administrative penalty with the clerk of the Court of Queen’s Bench,
and on being filed, the notice has the same force and effect and may be
enforced as if it were a judgment of the Court.

2012 c7 s1

Ministerial regulations

158.5 The Minister may make
regulations

(a) respecting
the contents of notices of administrative penalty and the manner in which the
notices are required to be given;

(b) respecting
the amounts of the administrative penalties that may, subject to section
158.1(3), be imposed under section 158.1(1) and respecting factors to be taken
into account in setting the amount of an administrative penalty;

(c) respecting any other
matter the Minister considers necessary or advisable for the administration of the
system of administrative penalties.

2012 c7 s1

Other Remedies

Court actions by the
Director

159(1) In addition to any other remedy in this Act, the Director
may commence and maintain an action in the Court of Queen’s Bench against a
person if the Director is of the opinion that a person

(a) has
contravened this Act or the regulations under this Act, or

(b) has
not complied with the terms of an undertaking that the person has entered into.

(2) In an action brought under
subsection (1), the Court of Queen’s Bench may

(a) declare
that this Act or the regulations under this Act have been contravened;

(b) grant
an order requiring the person to provide any redress the Court considers proper
to those persons who suffered damage or loss arising from the contravention of
this Act or the regulations;

(c) grant
an order in the nature of an injunction restraining the person from engaging in
the practice that gave rise to the contravention of this Act or the
regulations;

(d) if
the person who is the subject of the order had entered into a consumer
transaction, grant an order for specific performance of the consumer
transaction or grant an order for rescission of the consumer transaction;

(e) grant
an order for the restitution of property or funds;

(f) award
punitive or exemplary damages;

(g) grant
any other relief the Court considers proper.

(3) Damages
awarded under this section are a debt owing to the Crown in right of Alberta.

1998 cF‑1.05 s159

Director’s claim for
restitution

159.1 If the Court of Queen’s Bench
has granted an order under section 159 that provides for restitution of
property or money to a person or persons who have suffered loss arising from a
contravention of this Act or the regulations, the Director may, on behalf of
the person or persons, do anything necessary to enforce the order against the
personal or real property of the person who is liable to pay the restitution.

2005 c9 s56

Advertisement of
judicial decision

160(1) When the Court of Queen’s Bench grants relief under section
159, the Court may make a further order requiring the supplier to advertise to
the public particulars of any order, judgment or other relief granted by the
Court.

(2) In making an order under subsection
(1), the Court of Queen’s Bench may prescribe

(a) the
methods of making the advertisement so that it will assure prompt and
reasonable communication to consumers;

(b) the
contents or form, or both, of the advertisement;

(c) the
number of times the advertisement is to be made;

(d) any other conditions the
Court considers proper.

1998 cF‑1.05 s160

Offences

Non-compliance with Act

161 Any person who contravenes any
of the following provisions is guilty of an offence:

162(1) A person who contravenes a section in the regulations the
contravention of which is designated by the regulations to be an offence is
guilty of an offence.

(2) The
Minister may make regulations designating provisions in the regulations the
contravention of which is an offence.

1998 cF‑1.05 s162

Non-compliance with
orders, etc.

163 Any person who

(a) fails
to comply with an order of the Director under section 129, 151(3) or 157,
unless the order has been stayed,

(b) repealed
2005 c9 s58,

(c) furnishes
false information or misrepresents any fact or circumstance to an inspector or
to the Director, or

(d) fails
to comply with an undertaking under this Act

contravenes this Act and is guilty of an offence.

RSA 2000 cF‑2
s163;2005 c9 s58

Penalty

164(1) Any person who is convicted of an offence under this Act or
the regulations is liable to a fine of not more than

(a) $300 000,
or

(b) 3
times the amount obtained by the defendant as a result of the offence,

whichever is greater,
or to imprisonment for not more than 2 years, or both.

(2) Each
day that an offence continues constitutes a separate offence, but the total
term of imprisonment that may be imposed on a person in respect of a continuing
offence may not exceed 2 years.

RSA 2000 cF‑2
s164;2012 c7 s1

Corporations,
partnerships and sole proprietorships

165(1) When a corporation commits an offence under this Act or the
regulations, every principal, director, manager, employee or agent of the
corporation who authorized the act or omission that constitutes the offence or
who assented to, acquiesced in or participated in the act or omission that constitutes
the offence is guilty of the offence whether or not the corporation has been
prosecuted for the offence.

(2) When
a partner in a partnership or an owner of a sole proprietorship commits an
offence under this Act or the regulations, each partner in the partnership and
each manager, employee or agent of the partner or owner who authorized the act
or omission that constitutes the offence or who assented to, acquiesced in or
participated in the act or omission that constitutes the offence is guilty of the
offence whether or not the partner or owner has been prosecuted for the
offence.

RSA 2000 cF‑2
s165;2005 c9 s59

Vicarious liability

166 For the purposes of this Act, an act
or omission by an employee or agent of a person is deemed also to be an act or
omission of the person if the act or omission occurred

(a) in
the course of the employee’s employment with the person, or

(b) in the course of the
agent’s exercising the powers or performing the duties on behalf of the person
under their agency relationship.

1998 cF‑1.05 s166

Time limit for
prosecution

167(1) Subject to subsection (2), a prosecution of an offence under
this Act or the regulations shall not be commenced more than 3 years after the
day on which the offence was committed.

(2) Where an offence was committed in the course of
a consumer transaction or an attempt to enter into a consumer transaction, a
prosecution may be commenced within 3 years after the day the consumer first
knew or ought to have known of the offence but not more than 8 years after the
day on which the offence was committed.

RSA 2000 cF‑2
s167;2012 c7 s1

Restitution

168(1) A justice who convicts a defendant of an offence under this
Act or the regulations may, on the application of the Minister of Justice and
Solicitor General or of a person aggrieved or that person’s representative, at
the time sentence is imposed, order the defendant to pay to an aggrieved person
an amount as restitution for loss of or damage to property suffered by the
aggrieved person as a result of the commission of the offence where the amount
is readily ascertainable.

(2) If an amount that is ordered to be
paid under subsection (1) is not paid forthwith, the applicant may, by filing
the order, enter as a judgment in the Court of Queen’s Bench the amount ordered
to be paid, and that judgment is enforceable against the defendant in the same
manner as if it were a judgment rendered against the defendant in the Court of
Queen’s Bench in civil proceedings.

(3) Every
person who is ordered to pay an amount under this section must make the
payments in accordance with the order.

RSA 2000 cF‑2
s168;2005 c9 s60;2013 c10 s34

Evidence

Carrying on business

169 Evidence that

(a) a
person entered into one transaction in a business or activity, or

(b) a
person set out in a letter, advertisement, card or other document issued by or
under the authority of the person that the person is carrying on a business or
activity

is proof, in the absence of evidence to the contrary, that
the person was carrying on that business or activity.

1998 cF‑1.05 s169

Evidence

169.1(1) The Director may administer oaths for the purposes of this
Act.

(2) The Director may, by order, summon
and enforce the attendance of witnesses and compel them to give oral or written
evidence on oath and to produce the documents and things the Director considers
requisite to the full investigation and consideration of matters within the
Director’s jurisdiction in the same manner as a court of record may in civil
cases.

(3) The Director

(a) may
accept any oral or written evidence that the Director considers proper, whether
or not it would be admissible in a court of law, and

(b) is not bound by the law
of evidence applicable to judicial proceedings.

2005 c9 s61

Loan brokers

170(1) In this section, “claimant” means a person who claims to
have been charged a fee by or paid a fee to a loan broker for assisting the
person in obtaining a loan.

(2) In a prosecution for a contravention
of section 54, an affidavit of a claimant that contains the statements referred
to in subsection (3) is admissible in evidence as proof, in the absence of
evidence to the contrary, of the statements contained in the affidavit.

(3) For the purposes of subsection (2),
the affidavit of the claimant must

(a) identify
the loan broker,

(b) state
that the loan broker agreed to assist the claimant in obtaining a loan,

(c) state
that, before the claimant received the proceeds of the loan, either the loan
broker charged the claimant for assisting the claimant in obtaining the loan or
the claimant paid for the assistance, and

(d) include,
as an exhibit, the bill charging the claimant or proof of the amount paid.

(4) An affidavit referred to in
subsection (2) is admissible in evidence without proof of the signature of the
claimant purporting to have signed the affidavit.

(5) Unless the court orders otherwise,
an affidavit referred to in subsection (2) is not admissible in evidence unless
the prosecutor has, before the trial or other proceeding, given to the accused
a copy of the affidavit and reasonable notice of intention to provide it in
evidence.

(6) Despite
subsection (1), the court may require a claimant who has purported to have
signed an affidavit referred to in subsection (2) to appear before it for
examination or cross‑examination in respect of the statements contained
in the affidavit.

1998 cF‑1.05 s170

Status of licensee and
nature of substances, etc.

171(1) A certificate of the Director stating that on a specified
day or during a specified period

(a) a
person named in the certificate was or was not licensed under this Act, or

(b) the
licence of a person named in the certificate had been suspended under this Act,

is proof, in the
absence of evidence to the contrary, of the facts stated in the certificate.

(2) A certificate of an expert defining
or stating the nature of any substance, goods or services examined is proof, in
the absence of evidence to the contrary, of the facts set out in the
certificate.

(3) A
certificate referred to in subsection (1) or (2) is admissible in evidence
without proof of the signature, authority or office of the person purporting to
have signed the certificate.

1998 cF‑1.05 s171

Copies

172 A copy of a document made
during an inspection or investigation under this Act and certified to be a true
copy by the person who conducted the inspection or investigation is admissible
in evidence without proof of the signature or appointment of the person who
signed the certificate and, in the absence of evidence to the contrary, the
copy has the same probative force as the original.

1998 cF‑1.05 s172

Part 15
Administration and Appeals

Administration

Director and inspectors

173(1) The Minister may appoint an individual as the Director of
Fair Trading.

(2) The Director may appoint individuals
as inspectors.

(3) The Director may exercise the powers
and perform the duties of an inspector.

(4) Every
police officer as defined in the Police Act is an inspector for the
purposes of this Act.

1998 cF‑1.05 s173

Delegation

174 In addition to the delegation
referred to in section 136, the Director may delegate any of the Director’s
powers, duties or functions under this Act or the regulations to any person and
may authorize the person to further delegate the power or duty.

1998 cF‑1.05 s174

Co-operative enforcement

175(1) If the Minister has, on behalf of the Government of
Alberta, entered into an agreement with another jurisdiction respecting the co‑operative
enforcement of consumer legislation,

(a) the
Director may appoint an official from that jurisdiction as an inspector under
this Act to enable the official to exercise in Alberta the powers of an
inspector, and

(b) the
Director may, on the written request of that jurisdiction by an official
specified in the agreement, disclose information in the records of the Director
obtained through any inspection or investigation under this Act or in the
administration of this Act, if the Director is satisfied that the information
will be used only for the purpose of enforcing or administering a law of that
jurisdiction.

(2) If the Minister has entered into an
agreement referred to in subsection (1) with a jurisdiction, the Director may
request information in the records of the jurisdiction for the purposes of
enforcing or administering this Act.

(3) Information
obtained in a request under subsection (2) must not be disclosed except for the
purposes of enforcing or administering this Act.

1998 cF‑1.05 s175

Government’s costs

176(1) The Director may require a person who

(a) is
investigated under this Act,

(b) is
the subject of an order of the Director under section 129 or 157, or

(c) has
entered into an undertaking

to pay the costs that
the Government incurs in the investigation or that arose in the process leading
up to the issuance of the order of the Director or the entering into of the
undertaking.

(2) The Director must notify the person
of the amount of the costs, and the person has 30 days from receiving the
notice to file an objection with the Director respecting the amount of the
costs.

(3) On receiving an objection within the
30-day time limit, the Director must submit the matter to an arbitration
process approved by the Minister.

(4) The person who is required to pay
the costs under subsection (1) is liable to pay

(a) the
amount specified in the Director’s notice, if no objection is filed within the
time period specified in subsection (2), or

(b) the
amount specified in the decision of the arbitrator,

and the Director may collect the amount by civil action for
debt.

RSA 2000 cF‑2
s176;2005 c9 s62

Service of documents

177(1) If this Act requires the Minister or the Director to serve a
person with a document or to give notice of a document to a person, the service
or notice may, subject to the regulations under section 158.5, be given

(a) personally,

(b) by
ordinary mail,

(b.1) by
recorded mail, or

(c) if
the person requests that service or notice be given by electronic means that
results in a printed copy of the document being received by the person, by the
electronic means.

(2) If service or notice is given to a
person by ordinary mail under subsection (1)(b), it must be sent to the last
address for the person on the Director’s records, and any service or notice
given by ordinary mail under subsection (1)(b) is deemed to have been received
7 days after it is mailed unless

(a) the
document is returned by a person who is not the addressee, or

(b) the document was not
received by the addressee, the proof of which lies on the addressee.

RSA 2000 cF‑2
s177;2012 c7 s1;2018 c11 s7

Forms

178 The Director may establish
forms for the purposes of this Act.

1998 cF‑1.05 s178

Appeals

Appeal

179(1) A person

(a) who
is refused a licence or renewal of a licence,

(b) whose
licence is made subject to terms and conditions,

(c) whose
licence is cancelled or suspended under section 127,

(d) to
whom an order under section 129 or 157 is directed, or

(e) to
whom a notice of administrative penalty is given under section 158.1(1)

may appeal the
decision, order or administrative penalty by serving the Minister with a notice
of appeal within 30 days after being notified in writing of the decision or
order or being given the notice of administrative penalty.

(2) The Minister must, within 30 days
after being served with a notice of appeal under subsection (1) and payment of
the fee for the appeal as established by the regulations, refer the appeal to
an appeal board appointed in accordance with the regulations or to an appeal
board designated under subsection (4).

(3) The Minister may appoint an
individual as the chair of the appeal board who serves as the chair whether or
not an appeal is being considered by the appeal board.

(4) The Minister may designate a board
or commission established by or under an Act of the Legislature to be an appeal
board for the appeals specified in the designation.

(5) The Minister may set the time within
which an appeal board is to hear an appeal and render a decision and may extend
that time.

(6) An appeal board that hears an appeal
pursuant to this section may confirm, vary or quash the decision, order or
administrative penalty that is being appealed.

(7) The Minister may, in accordance with
any applicable regulations under the Alberta Public Agencies Governance Act,
set the rates of remuneration for and provide for the payment of reasonable
living and travelling expenses to the members of an appeal board.

(8) An
appeal under this section is a new trial of the issues that resulted in the
decision, order or administrative penalty being appealed.

RSA 2000 cF‑2 s179;2005
c9 s63;2009 cA‑31.5 s40;2012 c7 s1

Effect of appeal

180(1) Subject to this section, an appeal under section 179 does
not affect the status or enforceability of the decision or order being
appealed.

(2) A person who is appealing a decision
or order under section 179(1)(b), (c) or (d) may apply to the chair of the
appeal board to stay the decision or order being appealed.

(3) On
application under subsection (2) and after allowing the Director to make
representations, the chair may, if the chair considers it appropriate, order a
stay of the decision or order being appealed until the appeal board renders its
decision on the appeal or the appeal is withdrawn.

(4) Service under section 179(1) of a notice of
appeal of an administrative penalty operates to stay the administrative penalty
until the appeal board renders its decision on the appeal or the appeal is
withdrawn.

RSA 2000 cF‑2
s180;2012 c7 s1

Court of Queen’s Bench

181 The Director or a person whose
appeal is heard by an appeal board may appeal the decision of the appeal board
by filing an application with the Court of Queen’s Bench within 30 days after
being notified in writing of the decision, and the Court may make any order
that an appeal board may make under section 179(6).

RSA 2000 cF‑2
s181;2009 c53 s64

Powers of appeal board

182 For the purposes of conducting
appeals before an appeal board,

(a) the
chair and the other members of the appeal board have the same power as is
vested in the Court of Queen’s Bench for the trial of civil actions

(i) to
summon and enforce the attendance of witnesses,

(ii) to
compel witnesses to give evidence on oath or otherwise,

(iii) to
compel witnesses to give evidence in person or otherwise, and

(iv) to
compel witnesses to produce any record, object or thing that relates to the matter
being heard;

(b) the
appeal board may take evidence under oath;

(c) any
member of the appeal board may administer oaths for the purpose of taking
evidence;

(d) the appeal board may
reconsider a previous decision made by the appeal board.

1998 cF‑1.05 s182

Protection from
liability

182.1 No action or other proceeding
for damages may be commenced against an appeal board, a member or employee of
the appeal board or a person appointed or engaged to perform a duty or exercise
a power for the appeal board

(a) for
any act done in good faith in the performance or intended performance of any
duty or the exercise or intended exercise of any power under this Act or the
regulations, or

(b) for
any neglect or default in the performance of the duty or exercise of the power
in good faith.

2005 c9 s64

Regulations

183 The Minister may make
regulations

(a) respecting
fees for filing appeals under this Division;

(b) respecting
the formation of an appeal board, including the term and manner of appointment
of members;

(b.1) establishing
additional grounds for appeals to the appeal board;

(c) establishing
rules respecting appeals before the appeal board, including rules that deal
with the following matters:

(i)
notices of appeal;

(ii)
the procedure before the appeal board;

(iii)
adjournments of matters before the appeal board;

(iv)
the attendance of witnesses;

(v)
the applicability of the rules of evidence in judicial proceedings to hearings
before the appeal board;

(vi)
the receiving and recording of evidence;

(vii) empowering
the appeal board to proceed when a party to the appeal fails to appear at or
attend a hearing;

(viii) providing
for majority and minority decisions;

(ix) empowering
the appeal board to consider an appeal without holding a hearing and the
procedure to be used in those circumstances;

(x) the
applicability of the Alberta Rules of Court;

(xi) the
issuing and publication of decisions of the appeal board;

(xii) empowering
the appeal board to require the production of any record, object or thing;

(xiii)
the reconsideration of decisions made by the appeal board;

(xiv) costs.

RSA 2000 cF‑2
s183;2005 c9 s65

Part 15.1
General

Publication of review

183.1(1) A business shall not include in a consumer transaction a
provision that prohibits a consumer from publishing a review of the business or
transaction.

(2) No action lies against a person for
compensation, damages or any other remedy for loss or damage resulting from the
publication of a negative review or other communication by the person in
respect of the conduct of a supplier or any other person to whom this Act
applies, unless the review or communication is malicious, vexatious or
harassing or otherwise made in bad faith.

2017 c18 s1(22)

Complainant protection

183.2 No action lies against a
person for compensation, damages or any other remedy for loss or damage
resulting from

(a) a
complaint or other communication by the person to the Minister or Director, an
inspector or any other person acting under this Act in respect of the conduct
of a supplier or any other person to whom this Act applies,

(b) assistance
provided by the person in an inspection or investigation,

(c) assistance
or evidence given by the person in any proceeding brought by the Director, or

(d) a
claim made by the person pursuant to a regulation under section 139(d).